1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.40/2009 IN CRIMINAL APPEAL NO.188/2009 Bhimrao Shamrao Gaikwad Applicant Vs. The State of Maharashtra Respondent Mr.Jayesh B.Kocheta for the applicant Mr.A.S.Shitole,APP for the State Coram: Mrs.Mridula Bhatkar,J. Date : 6th April,2009. P.C. . This is application is filed for the suspension of the sentence given in the Judgment passed by the Sessions Judge-4, Pune dated 6/10/2008 in Sessions Case no.460/2005, and for the bail. 2] The applicant was charged for the offences punishable u/s 376(2)(f) and 506 of the Indian Penal Code. The incident had taken place on 30/5/2005.The learned counsel for the petitioner has submitted that the accused at the time of incident was 58 years old 2 and he was on bail throughout the trial. He has submitted that the order of conviction is bad in law and there is no sufficient evidence to sustain the order of conviction. The learned counsel further pointed out that the Trial Judge has failed to appreciate the evidence of the mother of the prosecutrix which is full of improvements and omissions on the material point i.e.the incident. He has further submitted that considering the pendency of the criminal matters ,this appeal will not come up on the board for hearing for nearabout 4-5 years and it will cause miscarriage of justice. Hence he prayed that the sentence be suspended and the accused be released on bail. 3] The application is opposed by the State . 4] Perused the judgment and relevant documents. At this stage it is not necessary to discuss the evidence recorded by the trial Court. However,after going through the judgment and the evidence of P.W.1,the mother of the prosecutrix, and P.W.2,the prosecutrix, no blatant error is found. It is a case under sections 376(2)(f) of the Indian Penal Code and the prosecutrix was 11 years old when the incident had taken place. Considering the gravity of the case though the applicant was on bail throughout the trial it has ended in conviction , hence it is not a case in which sentence can be suspended. Hence the application stands rejected. 3 (Mrs.Mridula Bhatkar,J.)