- (1.) Heard learned counsel for the appellant through Jitsi Meet.
(2.) Heard on application for suspension of sentence.
(3.) It has been submitted on behalf of the appellant that he has been acquitted of charges under the POCSO Act and has been convicted under Sections 366 & 376(2)(N) of IPC and has been sentenced to 10 years rigorous imprisonment under Section 376(2)(N) of IPC. He has already suffered 2 years of period in custody. Decision of appeal will take time. Prosecutrix was not minor, hence, no offence under the POCSO Act has been proved. Looking to the statements of prosecutrix and other witnesses, prosecutrix had ample opportunity to protest in the matter and make complaint to any person because she has stated that the accused-appellant took her to various places and they have lived in a house in Kota. Statements of PW-7 has also been referred by counsel for the appellant. 1. Heard learned counsel for the appellant through Jitsi Meet. 2. Heard on application for suspension of sentence. 3. It has been submitted on behalf of the appellant that he has been acquitted of charges under the POCSO Act and has been convicted under Sections 366 and 376(2)(N) of IPC and has been sentenced to 10 years rigorous imprisonment under Section 376(2)(N) of IPC. He has already suffered 2 years of period in custody. Decision of appeal will take time. Prosecutrix was not minor, hence, no offence under the POCSO Act has been proved. Looking to the statements of prosecutrix and other witnesses, prosecutrix had ample opportunity to protest in the matter and make complaint to any person because she has stated that the accused-appellant took her to various places and they have lived in a house in Kota. Statements of PW-7 has also been referred by counsel for the appellant. PW-7 is the landlady in whose house. Accused-appellant and prosecutrix lived for some time. She has stated in her cross-examination that the accused-appellant went there with a lady and both of them told the witness that they were husband and wife. They lived there for 20 days and she never complained that she has been abducted. Following statement has been made by PW-7 in her cross- examination as under:- ...[VARNACULAR TEXT OMIITTE]... ;