1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application (APPA) No.797/2011 in Criminal Appeal No.544/2011 ( Pandit S/o Santosh Raut ..Vs.. The State of Maharashtra, through P.S.O. Risod, Distt. Washim ) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. Nitesh Samundre, Adv. for applicant. Mrs. B.P. Maldhure, A.P.P. for State/respondent. CORAM : M.N. GILANI, J. DATED : 23.12.2011. 1. This is an application under section 389 of the Criminal Procedure Code for suspending the execution of the sentence awarded to the applicant/appellant for the offence punishable under section 363 and 376 of the Indian Penal Code. For the offence punishable under section 376 of the Indian Penal Code the applicant/accused is sentenced to suffer rigorous imprisonment for seven years. He is in custody since 9/1/2009. 2. Perused the statements of the witnesses. The evidence was adduced by the prosecution to the effect that the date of birth of the victim was 22/8/1994 whereas the incident 2 occurred on 20/12/2008. Thus it shows that the girl was below 15 years of age. In her evidence she stated that after she joined the accused, he committed sexual intercourse with her. That being so, I do not find that this is a fit case to suspend the execution of the sentence awarded to the applicant/accused. However, hearing of the appeal is expedited. 3. Paper book is dispensed with. 4. Place the matter for final hearing in second week of January 2012. JUDGE Tambaskar.