ORDER :

I.A. No.10208 of 2024

1. The instant interlocutory application has been filed under Section 430 of Bharatiya Nagarik Suraksha Sanhita, 2023 for suspension of sentence dated 18.10.2023 passed by learned Additional Judicial Commissioner-IV-cum-Special Judge, POCSO, Ranchi in POCSO Case No.81 of 2020, arising out of Sukhdeonagar P.S. Case No. 205 of 2020 whereby and whereunder, the appellant has been convicted for the offence under Section 376(D) of the Indian Penal Code and sentenced to undergo R.I. for 20 years along with fine of Rs.15,000/- and in default of payment of fine, further S.I. for six months.

2. It has been contended on behalf of the appellant that it is a case where if the testimony of all the witnesses will be taken together then there will be material contradiction and as such, on the aforesaid ground only the judgment passed by the learned trial court will be said to suffer from infirmities and hence, it is a fit case for suspension of sentence.

3. Learned counsel has further submitted that even the testimony of the victim, who has been examined as P.W.2 will be taken into consideration then also the same cannot be said to be trustworthy and hence, on this count