December 18, 2021 1:01:32 am
The Punjab and Haryana High Court that allowed the suspension of sentence of a convict in the Kathua rape and murder case has observed that mere apprehension of breach of peace without any corroboration may not be a valid ground for declining the concession of suspension of sentence.
The division bench of Justice Tejinder Singh Dhindsa and Justice Vinod S Bhardwaj, made the observation, over the contention of Jammu and Kashmir about the possibility of breach of peace.
The counsel for petitioner Tilak Raj, Advocate Sanjeev Patiyal, seeking suspension of sentence of Tilak Raj, contended that Raj has been convicted for an offence under Section 201 of RPC read with Section 34 and 120-B of RPC and sentenced to undergo custody for a period of 5 years.
He has already undergone actual custody period of 2 years, 9 months and 4 days of which the custody after conviction is 1 year 8 months and 25 days. It was further urged that Raj was only a member of the search team and was required to act under the orders of the Superiors. The allegations levelled against the appellant (Raj) are based solely on oral testimony and no incriminating evidence has been led by the prosecution against the appellant.
Tilak Raj, a head constable with the Jammu and Kashmir Police, was convicted and sentenced to five year imprisonment for destruction of evidence, by the District Court of Pathankot.
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