S.S. Saron, J. - (1.) HEARD learned Counsel for the parties.
(2.) THE applicant -Jasvir Singh has been convicted by the learned Additional Sessions Judge (Ad hoc), Jalandhar for the offences under Sections 376 and 450 IPC. He has been sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 5,000/ - for the offence under Section 376 IPC. He has also been sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 2,000/ - for the offence under Section 450 IPC. Both the sentences have been ordered to run concurrently. Besides, the period of detention already undergone is to be set off against the period of conviction. The appeal was admitted on 6.7.2006 and at that time recovery of fine was stayed. There are arguable points in the appeal. Charan Kaur, the mother -in -law of the complainant appeared as DW -4 and the effect of her statement that the complainant had not disclosed to them that she had been raped by the applicant and also the effect of the fact that Kuldip Rana had broken the glass bangles of the complainant at their house and gave scratches with the bangles on the body of the complainant so as to create evidence are to be considered at the time of final disposal of the appeal. No suggestion was put to Charan Kaur (DW -4) as to whether she has strained relations with the complainant. Besides, Nishan Singh (PW -3), the brother of the complainant had deposed that the complainant had told him that some compromise was being effected. As per the custody certificate dated 11.1.2007 (Annexure -P.1) the applicant has undergone more than one and half years imprisonment and as on date he has undergone more than two years and two months of sentence. Nothing has been shown that any other case is pending against the applicant -Appellant. The appeal is not likely to mature for hearing in the near future.
(3.) IN the aforesaid facts and circumstances, the applicant would be entitled for the suspension of the sentence of imprisonment.;