Lilaben vs State Of Gujarat 2025 INSC 519 - S. 389 CrPC - Suspension Of Sentence
Code of Criminal Procedure 1973 - Section 389 -When an accused person applies to the Appellate Court for suspension of sentence and succeeds in getting the Court to make an order in his favour, what gets stayed is only the execution of the sentence and nothing more. The sentence remains and is only, not acted upon- In doing so, there has to be a recording of reasons, which, of course, can only be possible after due consideration - Whether or not the finding regarding the age of the victim is correct or not, or the manner in which was sought to be proved before the Trial Court, was in accordance with the law or not, is a question that is open for consideration in the jurisdiction under Section 374 CrPC as may be provided therein, and not under Section 389 CrPC- Casting doubt upon a finding returned by the Court below, when the same isn’t within immediate purview, cannot be justified. (Para 7-8)
