The victim's failure to report alleged rapes while living with a co-accused undermines her credibility, warranting suspension of the appellant's sentence pending appeal.

JUDGMENT :

I.A. No. 13852 of 2024:

1. The instant interlocutory application has been filed under Section 430(1) of the BNSS, 2023 for keeping the sentence in abeyance in connection with the judgment of conviction dated 18.07.2024 and order of sentence dated 19.07.2024 passed by the learned Additional Sessions Judge- I cum Spl. Judge, Gumla in connection with Sessions Trial No. 8/2021 arising out of Palkot P.S. Case No. 41/2020, whereby and whereunder, the appellant has been convicted under Section 376(2)(n) and Section 506 of the Indian Penal Code and sentenced to undergo Rigorous Imprisonment for 10 years and a fine of Rs. 10,000/- and to undergo Rigorous Imprisonment for two years respectively.

2. It has been contended by the learned counsel appearing on behalf of the appellant that it is a case where even on consideration of the testimony of PW-8 (the victim), the testimony cannot be said to be trustworthy, reason being that she herself has admitted that she was subjected to rape time and again while living in the house of one co- accused namely Poko Devi, who subsequently has been acquitted, but while living in the house of Poko Devi, she had not made any complaint against the appellant that she has been subjected to rape.

3. Learned counsel appearing for the appellant has further submitted that the said conduct of the victim has itself suggests that it is a case of false implication of the present appellant.

4. While, on the other hand, Mr. Pankaj Kumar Mishra, learned Additional Public Prosecutor appearing for the State, has vehemently opposed the prayer for suspension of sentence.

5. This Court has heard the learned counsel for the parties and gone across the finding recorded by the learned trial court in the impugned judgment as also the testimony of PW-8, the victim.

6. It is a admitted case of the prosecution that the victim was living in the house of one co-accused Poko Devi, who was acquitted.

7. The present appellant is the nephew of the said Poko Devi. The victim herself has deposed that she had gone to the house of Poko Devi and remain there for about a month where she was subjected to rape by the appellant but even after commission of rape, she remained in the house of the Poko Devi and had not made any complaint regarding the same even to the parents.

8. As such, this Court is of the view that the applicant has been able to make out a case for suspension of sentence.

9. Accordingly, I.A. No. 13852 of 2024 stands allowed.

10. In consequence thereof, the appellant, named above, is directed to be released on bail, during pendency of the appeal, on furnishing bail bond of Rs.25,000/- (Rupees Twenty-Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge- I cum Spl. Judge, Gumla in connection with Sessions Trial No. 8/2021 arising out of Palkot P.S. Case No.41/2020.

11. It is made clear that any observation made hereinabove will not prejudice the case on merit, since, the criminal appeal is lying pending before this Court for its consideration.

12.In view thereof, I.A. No. 13852 of 2024 stands disposed of with the aforesaid observation and direction.