SB Cr.Appeal No.950/2009 (Rajesh @ Khanna Vs. State) Date of order : 14-10-2009 Hon'ble Mr.Guman Singh,J. Mr.Pankaj Gupta , for the appellant. Mr.Paresh Choudhary, Public Prosecutor. Admit. (Guman Singh),J. Sandeep/- Item No.s/22 S.B.CR.SUSPENSION OF SENTENCE NO.958/2009 in SB Cr.Appeal No.950/2009 (Rajesh @ Khanna Vs. State) Date of order : 14-10-2009 Hon'ble Mr.Guman Singh,J. Mr.Pankaj Gupta , for the appellant. Mr.Paresh Choudhary, Public Prosecutor. An application on behalf of applicant Rajesh @ Khanna under Section 389 Cr.P.C. has been moved for grant of suspension of sentence against the judgment and order dated 22.8.2009 passed by learned Special Judge, SC/ST(Prevention of Atrocities) Cases, Dausa, Distt. Dausa in sessions case no.111/2008 whereby applicant has been convicted for the offences under Sec.363, 366, 376 IPC and Sec.3(2)(v) of SC/St Act and sentenced to maximum period of seven years' rigorous imprisonment along with fine. learned counsel for the applicant submits that as per deposition of prosecutrix before the trial court, it is revealed that she was married with accused- applicant in the temple and she has gone with the accused of her own will. She has got a female child out of the said wedlock. It is further submitted that as per statement of prosecutrix, her date of birth is 15.8.89 and she was 18 years old at the time of incident and looking to her age, offence under Sec.376 IPC is not made out and, as such, accused-applicant Rajesh deserves to be granted benefit of suspension of sentence. Learned Public Prosecutor opposed the bail application. Heard learned counsel for the applicant, learned Public Prosecutor for the State and perused the relevant material placed before me. Taking into consideration the entire facts and circumstances of the case as well as deposition of the prosecutrix and without expressing any opinion on the merits of the case, I am inclined to suspend the sentence awarded to the accused-applicant named above. Accordingly, the bail application is allowed and it is ordered that the sentence passed by learned trial court against the applicant Rajesh @ Khanna S/o Babulal in sessions case no.111/2008 shall remain suspended till the final disposal of aforesaid criminal appeal provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- the satisfaction of the learned trial court for his appearance in this court on 17.11.2009 and whenever called upon to do so. (Guman Singh),J. Sandeep/- Item No.s/22