BABULAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant-convict Babulal @ Babliya has moved the present application under Sec. 389 of the Code of Criminal Procedure for suspension of sentence during the pendency of the appeal. Vide judgment dtd. 31/7/2023 passed by the learned Special Judge, POCSO Act Cases, Churu in Sessions Case No. 21/2021, appellant stands convicted and sentenced as mentioned below:

(2.) All the sentences were ordered to run concurrently.

(3.) According to prosecution's narrative, on 17/2/2021 complainant Babulal's daughter, Miss "D" aged about 6 years, returned home with a bite mark near her lip with blood present. When asked, Miss "D" stated to her father that Babliya had taken her away, opened her pajama, fall upon her and bit her on the cheek. The conviction of appellant primarily rests on the testimony of victim.