JUDGMENT 1. - Heard learned counsel for the applicant, learned Public Prosecutor for the State and perused the relevant record placed before the Court. 2. The accused-appellant has been convicted by Special Judge, SC/ST (Prevention of Artocities) Cases, Jaipur for offence under Section 376 IPC and sentenced, for seven years imprisonment with a fine of Rs. 500/- in default of payment further three months simple imprisonment vide judgment dated 4.8.2009. 3. Learned counsel for the applicant submits that PW.7 Sharda prosecutrix herself stated before the trial Court that she had not seen and recognised the accused-appellant at the time of incident, but could only recognise by his voice. Learned counsel further submits that statement of PW.3 Dr. Renuka Sharma clearly shows that there is no injury on the private parts of the body of prosecutrix. Learned counsel further submits that age of prosecutrix is 24 years and she is a married woman. Learned counsel has also relied on certain judgments of Hon'ble Supreme Court in the case of Bibhishan v. State of Maharashtra, 2008 (1) WLC (SC) Cri. 254 : 2008 (1) Criminal Court Cases 348 and Deelip Singh @ Dilip Kumar v. State of Bihar, 2005 (1) WLC (SC) (Cri.) 90 and prays for suspension of sentence. Learned counsel further submits that against the sentence of seven years appellant has already undergone imprisonment of one year and eight months or so. 4. Learned Public Prosecutor opposes the application for suspension of sentence. 5. Considering the rival submissions and after taking into consideration all the facts and circumstances of the case, I am of the opinion that it is appropriate to suspend the sentence of imprisonment awarded to the applicant and release him on bail till the disposal of the appeal. 6. Consequently, the sentence of imprisonment awarded by the learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Jaipur in Sessions Case No. 28/2008 to the applicant shall remain suspended during pendency of the appeal and the applicant Prakash Jaga be released on bail provided he furnishes a personal bond in the sum of Rs. 25,000/- with two surety bonds of Rs. 10,000/- each to the satisfaction of the trial court with the stipulation to appear before this court on 4.2.2010 and thereafter, whenever called upon to do so.The application for suspension of sentence is accordingly disposed of.Application Allowed. *******