ORDER :

I.A. No. 2752 of 2025

1. This instant interlocutory application has been filed on behalf of appellant under Section 430(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 for suspension of sentence dated 27.11.2021 passed by learned District & Additional Sessions Judge-I, Lohardaga in connection with Sessions Trial No. 29 of 2019, arising out of Kisko P.S. Case No.04 of 2019 (G.R. Case No.95 of 2019) whereby and whereunder, the appellant has been convicted for the offences under Section376 (D) of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life for twenty years with a fine of Rs.20,000/- and in default of payment of fine, further R.I. for six months.

2. It has been contended on behalf of the appellant that although the P.W.-3, the Victim, has supported the prosecution version, but her testimony has not been supported by the Doctor, who has been examined as P.W.-5. Hence, it is a case where the judgment of conviction has been passed discarding the testimony of Doctor P.W.-5 and as such, it is fit case for suspension of sentence.

3. While on the other hand, Mr. Satish Prasad, learned counsel appearing for the State has vehemently opposed the prayer fo