Augustine George Masih, J. - (1.) PRAYER in the present application is for suspension of sentence during the pendency of the appeal on behalf of applicant -Appellant No. 1 Sonu @ Rajbir.
(2.) COUNSEL for the Appellant contends that the Appellant was about 19 years of age when the alleged offence was committed by him. He contends that he has been sentenced under Section 376 of Indian Penal Code for 10 years rigorous imprisonment and out of that, he has undergone more than 4 1/2 years of the sentence. His further contention is that as per the medico legal report, there was no injury found on the person of prosecutrix and she was 17 years of age. He contends that the case is of a consented sex and, therefore, offence under Section 376 IPC would not be made out. He contends that the appeal is not likely to be heard soon, therefore, the sentence of the Appellant may be suspended during the pendency of the appeal. Counsel for the Respondent -State could not rebut the contention as raised by the counsel for the Petitioner. He, however, contends that a serious offence has been committed by the applicant -Appellant, therefore, the concession of suspension of sentence should not be granted to him.
(3.) I have heard counsel for the parties and have gone through the record of the case.;