- (1.) Heard learned counsel for the appellant through video conferencing. Learned Public Prosecutor is present in Court.
(2.) This application for suspension of sentence has been filed by the appellant along with the Appeal to suspend the sentence awarded by Special Judge, Protection of Children From Sexual Offences Act, 2012 and Child Rights Protection Commission Act , 2005, No.1, Bundi vide judgment dated 25.11.2019 in POCSO Session Case No.112/2018 (CIS No.110/2018).
(3.) Counsel for the appellant submits that there is no evidence that the accused-appellant committed the offence alleged against him. It is submitted that victim PW-1 has not support the prosecution case and has been declared hostile by the prosecutrix. She has specifically stated before the trial Court that the accused-appellant has not committed rape upon her and no incident was occurred with her. It is also submitted by the counsel for the appellant that the accused-appellant and victim are living together as husband and wife and they have solemnized marriage and two children were born out of wedlock. It is also submitted that the accused appellant was on bail during trial. Hearing of the appeal is likely to take time, therefore, he implored to accept the application for suspension of sentence during pendency of appeal.;