"Taking into consideration the entire facts and circumstances of the case, especially that the sentence has been awarded without disclosing the special reasons for awarding less than the minimum prescribed sentence (10 years), I do not find it to be a fit case to suspend the sentence," said Justice Pratibha Rani.
The court's order came on an appeal by rape convict Lalit Yadav, seeking suspension of his sentence pending his appeal against the trial court's judgement.
The trial court on September 4 had sentenced Yadav, a driver, to three-year jail term for raping a woman at her house in Timarpur in December 2005. It had also granted him bail which had expired on November 4.
The convict sought suspension of his sentence arguing that the prosecutrix, a mother of two children, is a lady of easy virtue with the habit of lodging false FIRs.
The high court rejected his argument saying "merely because, it is claimed that the prosecutrix was a lady of easy virtue itself is no ground to suspend the sentence as it has to be established that there was a consent by her for that particular occasion.
"The contention of the appellant (Yadav) that even the trial court was of the view that it was a case of consent, stands negated from the fact that the court had convicted the appellant for committing the offence of rape," the court said.
The high court also rejected Yadav's arguments that even the Supreme Court had accepted the sentence less than 10 years to the rape convict in several cases.
"Yadav's contention that since he has been sentenced for a period of three years, this court should suspend the sentence till the decision on appeal, is bound to be rejected for the reason that without giving any adequate and special reason in the order on sentence, he has been awarded less than the prescribed sentence and the state is yet to consider whether to file an appeal for enhancement of the sentence," the court said.
The court also asked the public prosecutor to inform it if any appeal has been preferred for enhancement of the sentence in the case.
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