PARTHO DAS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant interlocutory application has been filed under Sec. 430(1) of the BNSS, 2023 for keeping the sentence in abeyance in connection with the judgment of conviction dtd. 23/4/2024 and order of sentence dtd. 24/4/2024 passed by the learned Special Judge (FTC), CAW, East Singhbhum at Jamshedpur in connection with Sessions Trial No.330 of 2017 arising out of Mango PS Case No.188 of 2017 corresponding to G.R Case No.1681 of 2017, whereby and whereunder, the appellant has been convicted under Sec. 376(2)(n) of the IPC and sentenced to undergo RI for 14 years and a fine of Rs.10,000.00 for the said offence and in default of payment of fine, further directed to undergo RI for one year.

(2.) It has been contended on behalf of the applicant that it is a case where the allegation of committing sexual assault under Sec. 376 (2) (n) of the Indian Penal Code cannot be said to be established even though the victim has conceived at the age of 13-14 years and she got aborted.

(3.) Such submission has been made on the ground that the consent was there while the victim used to go in the house of the present appellant, who was a tutor, for the purpose of tuition.