- (1.) All these applications for suspension of sentence have been filed along with the respective appeals of the accused persons, which arise out of the same incident and the impugned judgment dated 18.10.2013 passed by the learned trial court and as such, they are being decided by this common order.
(2.) The learned counsels for the appellants have vehemently argued that no offence, whatsoever, has been committed by the accused persons. Further they have submitted that the learned trial court has, as a matter of fact, convicted the accused appellants on moral basis instead of in accordance to the principles of law. They have submitted that the very fact the impugned judgment starts with quotation which related to morality, the power of woman, their greater courage, etc. The learned counsels for the appellants have further invited the attention of this court to second para of the judgment, wherein extract of the judgment of the Apex Court have been reproduced which had been basically canvased while dealing with a case of sexual offence. Further that greater responsibility lies on the shoulder of the learned trial court. But it has been submitted by the counsels for the appellants that the learned trial court, in the instant case, has cited the judgment of the Apex Court not as a principle of jurisprudence but something much more. Subsequently, the learned trial court proceeded in a direction which clearly reflects its mind set after, starting with the quotation based on morality, etc.
(3.) It has also been submitted by the counsel for the appellants, after inviting attention of this court extensively to the evidence on record and the statement of the prosecutrix in particular, that the present case is a one of consent. In this regard, it has been submitted that there is no injury, whatsoever, on the person of the prosecutrix. In the instant case, contraception was used and the prosecutrix had gone with accused to other place and had been in the company for quite sometime. The learned counsel for the appellants have further submitted that the accused persons are youth and they have a long life ahead. It has also been submitted that they have already remained in custody for a sufficient time.;