JUDGMENT :

I.A. No. 10125 of 2024

1. The instant interlocutory application has been filed for suspension of sentence in connection with judgment of conviction dated 23.11.2022 and order of sentence dated 09.12.2022 passed by learned Special Judge, POCSO Act, Garhwa in POCSO Case No.47 of 2017 whereby and whereunder, the appellant has been convicted for the offence under Section 376 of the IPC and Section 6 of POCSO Act and sentenced to undergo life imprisonment which shall mean imprisonment for the remainder of that person’s natural life and shall pay fine of Rs.50,000/- for the offence under Section 376 (2) (i) of the I.P.C.

2. It has been contended on behalf of the appellant that it is a case where the appellant has falsely been implicated. The reason for such argument is that the appellant is not named in the First Information Report.

3. The further reason is that the appellant has been identified by the victim after about more than two months of the occurrence which itself suggests the falsity of the prosecution version.

4. The ground has been taken that even the D.N.A. profile is being not matched with the story which has been narrated by the victim.

5. The learned counsel has furth