Sarwan Singh vs State of Punjab

Anita Chaudhary, J.

CRM No. 16079 of 2014

For the reasons set out in the application, the same is allowed. Hearing of the application for suspension of sentence of sentence of the applicant is preponed for today.

CRM No. 407 of 2014

The applicant-appellant Sarwan Singh who has been convicted under Sections 376/511, 354, 323 and 341 IPC, was sentenced to undergo rigorous imprisonment for a period of 7 years u/s 376/511 IPC besides rigorous imprisonment for the other offences. Through this application the applicant-appellant is seeking suspension of sentence during the pendency of the appeal.

The Learned counsel for the applicant-appellant has urged that even if the statement of the prosecutrix and the evidence which has come on the record is accepted as it is, even then the case would not fall u/s 376/511 IPC. It was urged that the complainant is a married lady and as per her version, she had gone out to the fields to ease herself when the accused arrived on the scene. It was urged that the victim refused to get her medical done and there is no medical record and the prosecutrix had given her statement after few days. The counsel for the applicant-appellant has referred to the findings recorded by the Sessions Judge, Rupnagar and has urged that the victim did not describe how the incident had occurred and there is reference to a scuffle between the victim & the accused and at the most, it would be a case of hurt/injury and it is not a case u/s 354 or 376 IPC read with Section 511 IPC.

The State Counsel has opposed the application and has urged that the applicant-appellant has undergone custody of only 7 months and the custody is less.

The statement that was made by the prosecutrix is available on the record. She had stated that she got up on seeing the accused and was tying the string of her Salwar when the accused came over and started beating her and torn her clothes.

The State counsel was unable to show whether the torn clothes were taken into possession. The complaint was lodged after a delay. The medical examination was not got conducted, though, the victim had reached the hospital. There are several questions which the prosecution will have to answer. Without commenting upon the merits of the case, the sentence imposed by the trial Court upon applicant-appellant Sarwan Singh stands suspended during the pendency of this appeal and he is ordered to be released on bail on execution of personal and surety bonds to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate, Rupnagar.

The application stands allowed.