(1.) An application under Sec. 389 read with Sec. 482 Cr.PC has been preferred on behalf of the Appellant for suspension of sentence and release of the Appellant on bail during the pendency of appeal.
(2.) The Appellant has preferred the appeal against the judgment dtd. 2/7/2022 and order on sentence dtd. 13/7/2022 passed by the learned ASJ, Patiala House Courts, New Delhi in FIR No. 684/2015 under Ss. 376(2)(n)/313 IPC registered at Police Station R.K. Puram whereby he has been sentenced to undergo rigorous imprisonment of 10 years for the offence punishable under Sec. 376 (2)(n) IPC and directed to pay fine of Rs.6.00 lakhs (in default of payment of fine to undergo SI for one year). However, the Appellant stands acquitted of the offence under Sec. 313 IPC.
(3.) Learned counsel for Appellant submits that there is patent infirmity in convicting the accused as crucial evidence in favour of Appellant has been overlooked and challenges the impugned judgment on following grounds:-
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