- (1.) Heard learned counsel for accused-appellant and learned Public Prosecutor on application for suspension of sentence and perused the statement of PW-6 and PW-7 who have examined the prosecutrix and have stated that there is no inter-course immediately before the medical examination. It is also stated that the hymen of the prosecutrix was also toned and there were no injuries found on the body of the prosecutrix.
(2.) Learned counsel has also pointed out that the trial court has convicted the petitioner on the basis of the sperm found on the underwear of the petitioner as well as the underwear of the prosecutrix but there is no linkage on the underwear of the prosecutrix with that of the accused-petitioner. It is also stated that the accused-petitioner in his statement made under Section 313 Cr.P.C. has stated of previous enmity between the parties.
(3.) Perused and noticed the aforesaid submissions and have also gone through the record. Without further commenting on merits and taking into consideration all the statements, which have been recorded during the trial and the judgment passed by the Court below, I am inclined to suspend the sentence awarded to the appellant by the trial Court.;