JUDGMENT 1. Custody certificate by learned State counsel is taken on record. Copy supplied. 2. Present application under Section under Section 389 of Code of Criminal Procedure for suspension of sentence of applicant-appellant Harjinder Singh, who has been sentenced to undergo RI for 10 years and fine of Rs.30,000/- for commission of offence under Section 376(2) (G), 366, 566 IPC. 3. Prosecution version is that prosecutrix was married to Dalvir Singh on 06.06.2006 and the said marriage was dissolved after three months and she was living with her father. On 11.04.2010, after there being a dispute with her father she left the house and had gone to her maternal uncle’s house at village Shamashpur. At about 9/10 PM when she reached near village Salana on foot, it was dark. One ‘Zen’ car bearing registration No.PB-48-B-3322 came from Khanna side and three persons were travelling in the car. They stopped the car. Meanwhile one Innova vehicle also reached there and there were three persons sitting in the said vehicle. Three clean shaved persons were sitting in the Zen car and starting arguing with the prosecutrix and forcibly took her in the car and threatened to kill her. They provided some cold drink to prosecutrix and she became unconcious. All six persons travelling in those two vehicles took her to unknown place and committed rape upon her against her wish. 4. Learned counsel for applicant-appellant contended that there are allegations of forcible rape of prosecutrix by 6-7 persons but there was no injury/swelling on private parts of prosecutrix otherwise also prosecutrix had checkered history as she had performed marriage twice and divorced both of them. More so, prosecutrix had been changing version according to her convenience in her statement under Section 164 Cr.P.C. Even, as per prosecution, applicant-appellant was not in the company of Gurpreet Singh alias Gopi, Didar Ali and Shankar Dayal, who had forcibly made her to sit in the Zen car. No identification parade was conducted to identify to present applicant-appellant. 5. Learned counsel for the applicant-appellant also contended that applicant-appellant was found innocent during investigation and later on he was summoned by learned trial Judge on an application under Section 319 Cr.P.C. More so, applicant has already undergone actual sentence of more than 3 years as per custody certificate and the decision of the case still to take some more time as appeal has been admitted for hearing. So, remaining sentence of applicant be suspended. 6. Learned State counsel took the plea that actual sentence already undergone by the applicant-appellant is on the lower side. So, application for suspension of sentence be dismissed. 7. Having considered the submissions made by learned counsel for both the parties and the fact that applicant-appellant Harjinder Singh was found innocent during the investigation and was summoned by trial Judge on an application under Section 319 Cr.P.C. Applicant has already undergone actual sentence of about 3 years and decision of the appeal still to take some more time. 8. Without expressing anything on merit of the case, least that may not prejudice the case of either parties at this stage. Present application for suspension of sentence of applicant-appellant Harjinder Singh stands accepted and remaining sentence is suspended till the decision of appeal. 9. Bail to the satisfaction of CJM/Duty Magistrate, Fatehgarh Sahib. —————————