JUDGMENT :

I.A. No. 1830 of 2025

1. The instant interlocutory application has been filed on behalf of appellant for suspension sentence dated 05.03.2024 respectively passed by the learned District & Additional Sessions Judge-II, Seraikella in Kuchai P.S. Case No. 09 of 2018 corresponding to S.T. No.130 of 2021, whereby and whereunder, the appellant has been found guilty and convicted under Section 323, 376D/34 of Indian Penal Code and accordingly sentenced to undergo RI for 20 years with fine of Rs.20,000/- for the offence under section 376D of I.P.C. and in default of payment of fine has been directed to undergo SI for one year and also sentenced to undergo R.I. for 1 year for the offence under section 323 of IPC. All the sentences have been directed to run concurrently.

2. It has been contended on behalf of the appellant that it is a case where the prosecution has miserably failed in substantiating the charges beyond all reasonable doubts reason being that from perusal of the testimony of P.W. 6 (victim), what she has deposed in her examination-in-chief with respect to the commission of crime of rape by the appellant has not been supported in her cross-examination. Learned counsel,