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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ILESH J.VORA, P.M.RAVAL
Kartvya @ Montu Pravinchandra Rana – Appellant
Versus
State of Gujarat – Respondent
ORDER :
1. Rule. Learned APP waives service of notice of Rule on behalf of respondent State.
2. By way of this application under Section 430 (1) of the Bhartiya Nagarik Nayay Sanhita 2023, the applicant – original accused No.1 seeks suspension of sentence awarded to him vide judgment and order of conviction and sentence dated 20.9.2024 by the learned Sessions Judge, Bharuch in Sessions Case No.50 of 2022.
3. By the aforesaid judgment and order of conviction and sentence, the present applicant convict has been held guilty for the commission of offences as stated hereinbelow :
| Section | Imprisonment Fine in Rs. | In default of payment of fine. |
| 302 of IPC | Life 25000/- Imprisonment | SI for 3 months |
4. Learned senior advocate Mr.Sudhir Nanavati appearing for the applicant has mainly contended as follows:
(a) That none of the witnesses have supported the case of the prosecution and have been declared hostile and despite cross examination of the said witnesses by the prosecution, nothing fruitful has come on record to prove the case of the prosecution beyond reasonable doubt.
(b) That the panch witnesses have also turned hostile, more particularly, discovery panchas and thus, it cannot be said that the pr
The court may suspend a sentence if there appears a prima facie case for acquittal, emphasizing the need for credible evidence and proper procedure in recording dying declarations.
Suspension of sentence may be granted if a prima facie assessment shows the conviction may not be sustainable, particularly in serious offences, while considering the duration of incarceration.
The court found that mere presence at the scene of a crime without substantive involvement can justify suspension of sentence in appeal for serious offenses.
The court established that a defendant can seek suspension of sentence if strong prima facie evidence suggests that conviction may not be sustainable, particularly when serious charges are involved.
Suspension of sentence in a serious offence requires substantial evidence and consideration of the likelihood of acquittal; conviction cannot stand without corroboration.
The court establishes that proper assessment of evidence is crucial for suspension of sentence in serious offences.
An appellate court must assess evidence critically and cannot rely solely on uncorroborated testimonies when considering suspension of a sentence, especially in murder cases.
The court emphasized that the appellate process requires a strict evaluation of evidence to determine if there exist prima facie grounds for the sustainability of conviction, restricting evidence rea....
The court underscored the necessity of a rigorous evidentiary standard for convictions, particularly in serious offenses like murder, mandating a cautious approach regarding suspension of sentences p....
The appellate court emphasized that suspension of sentence requires a prima facie examination of potential errors in conviction, especially in serious offences where identification of the accused is ....
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