Dinesh Vs. State - Court Judgment

Excerpt:
[a.n. venugopala gowda j.] this writ petition is tiled under article 227 of the constitution of lidia praying to set aside the order of the learned city civil judge, bangalore city, sitting in court. hall no.8 in aacexure-e order dated 2.11.2010 in o.s.no.8185/2003 rejecting the prayer of the petitioner for issue cf notice to the proposed defendants.1. this application for suspension of sentence has been made by the applicant who has filed an appeal against his conviction under section 376 ipc. the applicant was sentenced to 10 years r.i. for raping a minor girl of around six years of age.2. the counsel for the applicant states that the applicant has been falsely implicated in this case and the identification of the applicant by the prosecutrix and her mother did not inspired confidence.3. i have gone through the testimony of witnesses. i consider that it is not a fit case for suspension of sentence at this stage. however, the appeal of the appellant be heard expeditiously and be listed for hearing on 7th february, 2011

Judgment:
1. This application for suspension of sentence has been made by the applicant who has filed an appeal against his conviction under Section 376 IPC. The applicant was sentenced to 10 years R.I. for raping a minor girl of around six years of age.

2. The counsel for the applicant states that the applicant has been falsely implicated in this case and the identification of the applicant by the prosecutrix and her mother did not inspired confidence.

3. I have gone through the testimony of witnesses. I consider that it is not a fit case for suspension of sentence at this stage. However, the appeal of the appellant be heard expeditiously and be listed for hearing on 7th February, 2011