JUDGMENT Mr. Naresh Kumar Sanghi, J.:- Prayer in this criminal miscellaneous application, filed under Section 389, Cr.P.C., is for suspension of sentence of the applicantappellant, Sunder, who was held guilty for having committed the offences punishable under Sections 366, 376, 506, IPC and Section 3(xi) & (xv) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and ordered to undergo the following sentences:- ----------------------------------------------------------------------------------------------------------------------------------------- Under Section Sentence (R.I.) Fine (in‘) In default (S.I.) ----------------------------------------------------------------------------------------------------------------------------------------- 366, IPC 7 years 3,000/- 6 months 376, IPC 7 years 3,000/- 6 months 506, IPC 2 years 2,000/- 2 months 3 (xi) & (XV) of SC & SC Act 1 year 1,000/- 2 months ----------------------------------------------------------------------------------------------------------------------------------------- 2. All the sentences were ordered to run concurrently. 3. Learned counsel contends that there are fairly arguable points in the appeal; the prosecutrix was more than 20 years of age and she visited various places in the company of the applicant-appellant, but did not lodge her protest to anyone; from the material available on record it has conclusively been proved by the defence that it was a case of consent; and that the applicant-appellant has suffered incarceration for approximately two years out of the maximum awarded substantive sentence of 7 years. 4. Learned counsel for the State has produced the affidavit of the Superintendent, District Jail, Bhiwani, showing the period of incarceration suffered by the applicant/appellant, which is taken on record. 5. I have heard the learned counsel for the parties and with their able assistance gone through the material available on record. 6. There are fairly arguable points in the appeal. The prosecutrix was more than 20 years of age and she visited various places with the petitioner without lodging any protest to any person. The applicant has suffered incarceration for 02 years, 01 month and 10 days as per the affidavit produced by the learned counsel for the State. 7. Keeping in view the totality of the facts and circumstances of the case, the present application is allowed. The execution of the remaining substantive sentence of applicant-Sunder, son of Chandvir, r/o village Rawaldhi, District Bhiwani, is ordered to be suspended during the pendency of the present appeal subject to his furnishing bail bonds to the satisfaction of the learned Chief Judicial Magistrate/Duty Magistrate, Bhiwani. ---------0.B.S.0------------