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GOPAL @ PALA RAM v STATE - CRLAB Case No. 354 of 2007  RD-RJ 1642 (4 April 2007)
S.B. CRIMINAL MISC. SUSPN. OF SENTENCE APPLICATION
S..B. CRIMINAL APPEAL NO.146/2007
DATED : 04.04.2007
HON'BLE MR. CHATRA RAM JAT, J.
Mr.Bagrawat Singh for the appellant
Learned counsel for the appellant contents that the appellant was on bail during the trial and he further submits that the case of the appellant does not travel beyond the provisions of 376/511 IPC as there is no corroboration in medical evidence and more over the prosecution case has been later on improved as there is a major contradiction in police statement and that hearing of the appeal will take time, therefore the sentence of the appellant be suspended.
Learned P.P. has vehemently opposed it and submits that this is not a fit case in which the sentence is suspended.
After going through the facts and circumstances and submissions made by learned counsel for the appellant and looking to the fact that the prosecutrix P.W. 6 Sunita is aged 12 years only without expressing any opinion on the merits of the case, at this stage, I do not deem it just and proper to suspend the sentence of accused appellant.
Accordingly, the application under Section 389, Cr.P.C. stands rejected. [CHATRA RAM JAT]J. mamta
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