Heard on IA No. 1413 of 2025, which is repeat second application under Section 430 of the BNSS , 2023 for suspension of jail sentence moved on behalf of sole appellant - Rasel. His first application was dismissed as withdrawn on 15/10/2024.

2. The appellant has been convicted under Section 376(3) of the I.P.C. and sentenced to undergo 20 years R.I with fine of Rs.2,000/- and usual default stipulation.

3. Counsel for the appellant submits that the incident is alleged to have taken place on 17/04/2023. The prosecutrix was recovered from the custody of present appellant on 20/05/2023. The prosecutrix and her parents have turned hostile. They have not supported the prosecution case. The appellant who is aged about 19 years, is in custody for more than two years and six months and final hearing of the appeal is likely to take time. Hence, he prays that the jail sentence of the appellant be suspended.

4. Counsel for the State opposed the application and submitted that Signature Not Verified Signed by: AMOL age of the prosecutrix, as per the scholar register is less than 16 years and D.N.A. report has been found to be positive.

5. Learned counsel for the objector has no objection to grant s