BHOLU YADAV 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. 1/12/2022 and order of sentence dtd. 2/12/2022 passed by the learned Special Judge (POCSO) Act, Dhanbad in connection with Spl. (POSCO) Case No.153 of 2021 arising out of Jorapokhar PS Case No.196 of 2021, whereby and whereunder, the appellant has been convicted under Sec. 376 of the IPC and under Sec. 6 of POCSO Act and sentenced to undergo RI for 25 years with fine of Rs.5,000.00 for the offence under Sec. 6 of POCSO Act and in default of payment of fine, further directed to undergo additional imprisonment of one month.

(2.) This is the second attempt made by the appellant for renewing his prayer for suspension of sentence.

(3.) It has been contended on behalf of the applicant that it is a case where the physical relationship was established with the consent of both the parties.