(1.) Prayer in this application is for suspension of sentence of the applicant-appellant, Manoj Kumar, son of Pardeep Kumar, resident of Mohalla Misran, Dadri, Police Station, City, Dadri, District Bhiwani, who was held guilty for the offences punishable under Sections 363, 366A and 376, IPC, and sentenced to undergo the following sentences:
(2.) Learned counsel contends that the applicant-appellant has suffered incarceration for more than one year and three months. He further submits that the prosecutrix herself went to Delhi to meet the applicant-appellant. He further submits that the prosecutrix remained with the appellant-appellant for approximately one week, but she did not report the matter to any person. He further submits that the medical examination of the prosecutrix rules out the commission of rape. He further submits that there are fairly arguable points in the appeal and the same is not likely to be finally disposed of in the near future.
(3.) Learned counsel for the State has produced the affidavit of Sanjay Singh, Superintendent of Prison, Narnaul, showing the custody period undergone by the applicantappellant, which is taken on record.