Ritu Bahri, J. - (1.) Custody certificate, filed by learned State counsel, is taken on record. This is an application under Section 389 Cr.P.C. for suspension of sentence of the applicant-appellant namely, Amit, who has been convicted and sentenced to undergo rigorous imprisonment substantially for a period of 10 years for commission of offence under Sections 376(2)(n), 363 IPC and Section 4 of POCSO Act.
(2.) As per custody certificate, the applicant-appellant has undergone 1 year, 03 months and 13 days of actual undergone period as on 20.12.2016. As per statement made by prosecutrix under Section 164 Cr.P.C., she had gone with the petitioner and performed marriage at Chandigarh in mandir. She further stated in her statement that she had gone with the petitioner with her own free will and petitioner did not force her to run. This statement has been made by the prosecutrix before the learned Judicial Magistrate, Narwana on 04.09.2016. As per Annexure A-1, the date of birth of prosecutrix is 17.03.1996 which shows that she is major.
(3.) The appeal is not likely to be heard in near future.;