ORDER :

I.A. No. 385 of 2025

1. The instant interlocutory application has been filed on behalf of sole appellant under Section 430 (1) of BNSS, 2023 for suspension of sentence dated 27.09.2024 passed by the learned Additional Sessions Judge-II, FTC (CAW), Bermo at Tenughat in Sessions Trial No. 467 of 2022 arising out of Chandrapura P.S. Case No. 75 of 2022, whereby and whereunder, the appellant has been found convicted under Section 376(2)(n) of the Indian Penal Code and sentenced to undergo RI for 10 years with fine of Rs. 10,000 and in default of payment of fine he was further directed to undergo RI for six months.

2. It has been contended on behalf of appellant that the appellant has falsely been implicated even though there is no ingredient of Section 376(2)(n) of the Indian Penal Code. It has further been submitted that since the marriage has not been solemnized, therefore, the present case has been instituted, which itself speaks that the prosecution version attracting Section 376 (2)(n) is not available.

3. Learned counsel for the appellant, based upon the aforesaid ground, has submitted that the sentence is fit to be kept in abeyance by allowing the instant Interlocutory Appli