- (1.) Heard the learned Counsel for the parties.
(2.) It is contended on behalf of the Appellant that FIR in the present case was lodged by eye -witness PW8 Chhitar Lal, who was declared hostile during trial of the case. Other eye -witness PW13 Jyoti is only 9 years of age and she came to depose statement before the Court from the custody of her maternal grand -father.
(3.) It is further contended that statement of PW13 Jyoti was not recorded by the Investigating Officer from 19.03.2007 to 28.03.2007, there is no other eye -witness of the incident to support the prosecution case, therefore, the sentence of imprisonment awarded to the Appellant by the trial Court be suspended during pendency of the appeal.;