ORDER :

I.A. No. 796 of 2025

1. The instant interlocutory application has been filed on behalf of appellant, under Section 430(1) of the BNSS , 2023 for suspension of sentence dated 30.9.2024 passed by learned Additional Sessions Judge-cum-Special Judge, Chatra in POCSO Case No. 17 of 2018 arising out of Mayurhand P.S. Case No. 10 of 2018, by which the appellant has been sentenced to undergo RI for 10 years with fine of Rs. 40,000 for the offence under Section 366A, and in default of payment of fine, he has been directed to undergo simple imprisonment for 3 months; and further has been ordered to undergo sentence of 05 (five) years of Rigorous Imprisonment and fine of Rs. 20,000/- for the offence under Section 363 IPC and in default of payment of fine, the appellant has been directed to undergo 45 (forty five) days of simple imprisonment. Both the sentences have been directed to run undergone concurrently.

2. The learned counsel for the appellant has submitted that the even if the entire testimony of the victim, who has been examined as P.W. 3 will be taken into consideration then it would be evident that no case under Sections 366A or 363 IPC is made out against the appellant.

3. It h