JUDGMENT :

1. The instant interlocutory application has been filed under Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for suspension of sentence dated 19.11.2024 passed by the learned Special Judge-POCSO Act, Dhanbad in Special (POCSO) Case No.62 of 2022, in connection with Bankmore P.S. Case No.311 of 2021, whereby and whereunder, the appellant has been sentenced to undergo R.I. for 20 years along with fine of Rs.10,000/- for the offence under Section 6 of the POCSO Act and in default of payment of fine, he shall further undergo one month additional imprisonment.

2. It has been contended by Mr. Prakhar Harit, learned counsel for the appellant that the entire prosecution version even if taken to be correct then also no case either of Section 376 of the IPC or Section 6 of the POCSO Act is being made out. The said submission has been made on the basis of the fact that the testimony of the victim, who has been examined as P.W.1, cannot be said to be trustworthy, reason being that, she although has stated about the commission of sexual assault/rape, but her testimony itself is contradictory and as such, merely on the basis of testimony of P.W.1, the victim, the convic