RAHUL NAYAK Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This suspension of sentence application has been filed by the appellant under Sec. 389 CrPC.

(2.) Learned counsel for the appellant submits that appellant was on bail during trial. There is no cogent evidence that the prosecutrix was below 18 years of age at the time of incident. There are material contradictions in the statement of mother of prosecutrix. The appellant and prosecutrix were having the love affairs and she resided with the appellant for about a week. The appellant has been falsely implicated in this matter, hence sentence awarded to him by the court below is required to be suspended.

(3.) On the other hand, learned PP appearing for the State has opposed the same.