ORDER :

1. The instant 3rd application for suspension of sentence has been moved on behalf of the applicant in the matter of judgment dated 09.06.2016 passed by the learned Sessions Judge, Balotra, District Barmer in Sessions Case No.55/2013 (142/2014) whereby he was convicted and sentenced to suffer maximum imprisonment of 20 years under Section 376 (d) of the IPC and lesser punishment for the other offences under Sections 447 and 306 of the IPC. Now a long time has elapsed and appeal couldnot be heard in a reasonable period, thus, the applicant has preferred the instant 3rd bail application.

2. Shri Ranjeet Joshi along with Ms. Lata Sharda learned counsel appearing for the appellant-applicant Chena Ram vehemently contended that no reliance can be placed on the alleged dying declaration (Ex.P/19) because of incongruity appearing between the dying declaration and her statement (Ex.P/ 19 & Ex.P/24) if both are examined together with the other circumstances of the case. Learned counsel contend that it is not a universal truth that a person who is near to death, will never tell a lie. Otherwise also, the incident took place on 11.05.2013 but the matter was reported to the police on 14.0