ORDER :

This Suspension of Sentence Application has been moved on behalf of the convict-applicant Prem Kumar who has suffered conviction and sentence of rigorous life imprisonment with a fine of Rs. 1,00,000/- under Section 364-A of the Indian Penal Code and sentences of various terms under Sections 368 , 342 and 120-B of the Indian Penal Code .

2. During the trial, the prosecution examined thirty two witnesses out of whom the victim-boy Rishabh Soni was examined as PW-19. The father of the victim-boy tendered evidence as PW- 17 to the effect that he received ransom calls made from a telephone booth and, in support thereof, CDR’s were produced during the trial.

3. The learned counsel for convict-applicant submits that the failure of PW-19 to identify and name the present convict- applicant shall go to the root of the matter and that shall be a ground to enlarge the present convict-applicant on bail by suspending the sentence awarded to him in Sessions Case No.11 of 2008.

4. Mr. Deepak Choudhary, the learned Additional Advocate General has opposed the present Suspension of Sentence Application.

5. However, in view of the evidence tendered by PW-17 and PW-19, we are of the opinion that th