ORDER :

2025 IA No.5408 of 2024

1. This instant interlocutory application has been filed for suspension of sentence against the Judgment of conviction dated 14.07.2023 and order of sentence dated 24.07.2023 passed by learned A.J.C.-IV-Cum- Special Judge-POCSO-cum-Children Court, Ranchi, in connection with Children Case No.02 of 2019 (Arising out of Mahila P.S. Case No.34 of 2018), whereby and whereunder the appellant has been convicted under Sections 376 (D) of the IPC and sentenced to undergo for R.I. for twenty years and fine of Rs.10,000/- for the offence under Section 376(D) of the IPC and in default of payment of fine he was further directed to undergo simple imprisonment for six months and period already undergone during investigation and trial directed to be set off.

2. It has been contended on behalf of the appellant that it is a case where no ingredient of Section 376(D) of IPC is being made out and this does not come under the definition of rape under Section 375 of IPC, since, the victim on her own wish had accompanied the appellant which would be evident from the narration as has been recorded by the victim itself in the Statement under Section 164 of Cr.P.C. It has been