Pradeep Nandrajog, J.

Oral :

Crl.M.B.No.785/2014

Since the appeal is being heard today on merits, instant application which seeks suspension of sentence pending hearing of the appeal is dismissed as withdrawn.

Crl.A.No.243/2013

1. If the warm hands of a Judge presiding over a sessions trial turn cold, Article 21 of the Constitution of India, which guarantees that no person shall be deprived of his personal liberty except according to procedure established by law becomes the first casualty.

2. A case of no evidence against appellant No.2, Ms.Beena Stella Rafi, has ended in her being convicted for the offence punishable under Section 302 IPC. The unfortunate lady who was in Government service has lost her job on being convicted. The innocent lady had not only to spend time in jail but also finds herself without a job. There is not even a jot of evidence against her.

3. We have to re-emphasize that where there are more than one accused, it becomes the duty of the Court to list the incriminating circumstances against each accused and when learned Judges presiding over a Court of Session start speaking ‘they’ for ‘him/her’ while referring to the accused it commits the blunder,