Shishu Pal vs State Of Nct Of Delhi
2007 Latest Caselaw 1944 Del

ORDER

Shiv Narayan Dhingra, J.

1. This application under Section 389, Cr.P.C. has been made by the appellant, who was convicted by the Trial Court under Sections 498A/306, IPC and sentenced to undergo imprisonment for a period of 3 years and 7 years under each section of IPC respectively coupled with fine.

2. It is submitted by the appellant that since hearing of the appeal may not be feasible in the near future because of the long queue of appeals in this Court, the sentence should, therefore, be suspended. The appellant has already undergone around 2 years of imprisonment including remission period. It is also submitted by the Counsel that the Trial Court has heavily relied upon 'Mark X', a suicide note of the girl. The alleged suicide note was never recovered from the spot. 'Mark X' was merely a photo-copy and the reliance placed upon by the Trial Court on 'Mark X' was contrary to law.

3.I have perused the judgment passed by the Trial Court. A perusal of the judgment of the Trial Court would show that Trial Court has not relied upon on 'Mark X' as the sole material for conviction of the accused persons. The Trial Court has relied upon the testimony of the parents of the girl, who testified about the cruelties meted out to the deceased. Even if it is considered that reliance on 'Mark X' was illegal and 'Mark X' could not have been relied upon, there is sufficient evidence in the form of testimony of the parents of the girl about the cruelties perpetuated upon the deceased by the accused. Considering all aspects, it would not be appropriate to suspend the sentence of the appellant at this stage.

The application is hereby dismissed.