JUDGMENT :

1. The application has been filed by the applicant – appellant (original accused) under Section 389 of Cr. P.C., seeking suspension of his sentence pending the appeal arising out of the judgment and order of conviction dated 1.2.2020 passed by the Special (POCSO) Court, Arvalli at Modasa (hereinafter referred to as "the trial Court") in Special POCSCO Case No.28/2018.

2. The applicant – accused was tried for the offence under Section 376 of IPC and Sections 4, 8, and 12 of the Prevention of Child from Sexual Offences Act, 2012 (hereinafter referred to as "the POCSO Act") by the trial Court in respect of the complaint filed by the complainant – prosecutrix on 21.3.2018 before the Malpur Police Station, Arvalli registered as FIR No.I- 0017/18. The trial Court after appreciating the evidence on record has convicted the applicant – accused and has sentenced him to undergo rigorous imprisonment for 10 years and to pay fine of Rs.10,000/-, and in default thereof, to undergo simple imprisonment for six months for the offence under Section 376 of IPC. Being aggrieved by the said judgment and order, the applicant – appellant has preferred the Criminal Appeal being No.438 of 2020, w