JUDGMENT : 1. The appellant on being convicted under Section 363/376(2)(i) IPC and under section 6 of POCSO and sentenced to suffer rigorous imprisonment for ten years and to pay fine with default clause, has preferred an appeal and after the said appeal being admitted, has preferred an appeal before this court. After such appeal being admitted and with the liberty granted by the court admitting the appeal, has now moved us for suspension of sentence. 2. Mr. Dipak Sengupta the learned counsel appearing on behalf of the appellant draws our attention to the evidence of the victim girl together with her injury report, Ext.-11. He then contended that the victim girl was only aged about 5 years and therefore being susceptible to tutoring and when the doctor, who examined her, had not testified during the trial, the order of conviction cannot be sustained. He further submitted the doctor has not found any sign of rape. Lastly he contended that this is a case of term imprisonment and the appellant all through on bail during the trial and never misused his liberty. Therefore order of sentence be suspended. 3. On the other hand the learned Additional Public Prosecutor vehemently opposed the prayer for bail. He submitted that from the evidence of victim girl nothing transpired to indicate that she was tutored and her evidence clearly disclosed how she was sexually violated. He then submitted that it may be that the doctor was not examined but the injury report was brought on record under section 294 CrPC and was marked Ext.-11 without objection (page 4 of the judgment). Next he drew our attention to page 6 of the judgment, where the trial court noted down the nature of the injuries found in her private parts.…… “no bleeding, only redness present with mild swelling.” According to the learned Additional Public Prosecutor that fully corroborates the deposition of the victim girl. 4. Heard the learned counsel for the parties. Considered their respective submissions. Perused the impugned judgment and the depositions of the witnesses. 5. 4. Heard the learned counsel for the parties. Considered their respective submissions. Perused the impugned judgment and the depositions of the witnesses. 5. We have very carefully gone through the judgment and considering the findings on which the order of conviction is based in the light of the lapses in the prosecution case as have been pointed out to us by the learned counsel of the appellant and having regards to the fact this is a case of term imprisonment and the appellant was all through on bail during the trial, this application for suspension of sentence is allowed. 6. Let the petitioner be released on bail subject to the satisfaction of the learned Chief Judicial Magistrate, Purulia on a bond of Rs. 10,000/- of two sureties of Rs. 5,000/- each, one of whom must be local. 7. Office is directed to prepare the paper book within 10 months from this date and as soon as the preparation of paper book is complete and same is ready for hearing, the appeal be listed before the appropriate bench.