Anita vs State
2010 Latest Caselaw 5078 Del

                  * IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                Date of Reserve: 2nd November, 2010
                                                  Date of Order: 8th November, 2010

+ Crl. M.B. No. 1434/2010 (for suspension of sentence) in Crl. A. No.
1209/2010
%

Anita                                                              ..... Petitioner
                                Through: Mr. I.P.S. Josh & Mr. Harish Gupta,
                                        Advocates
                                Versus
State                                                            ..... Respondent
                                Through: Mr. Sunil Sharma, APP

JUSTICE SHIV NARAYAN DHINGRA

1. Whether reporters of local papers may be allowed to see the judgment?

2. To be referred to the reporter or not?

3. Whether judgment should be reported in Digest?

ORDER

1. This application has been made for suspension of sentence of the appellant who has been convicted by the trial court under Section 366A IPC and sentence to undergo imprisonment for five years and a fine of Rs.5,000/-. It is submitted that the appellant has three minor children and to look after them she was on bail during trial and she did not misuse her bail. She had already remained in custody for about three weeks during trial and for about one and a half month after conviction. There was no possibility of her jumping the bail and she had roots in the society. There was likelihood of her appeal being accepted.

2. The allegations against the appellant are that she on a false pretext took prosecutrix to a room where she was raped by the other accused.

3. Considering the testimony of prosecutrix and the judgment delivered by the trial court and the role assigned to the appellant, I consider it is appropriate to suspend the sentence of the appellant. Sentence of the appellant is suspended. She be released on executing personal bond of Rs.50,000/- with one surety of like amount. Dasti.

November 08, 2010                                     SHIV NARAYAN DHINGRA, J.
rs