( 1 ) THE matter has come up for orders on the application for suspension of sentence filed on behalf of the accused-appellant, but the learned counsel for the appellant submits that the appeal itself may be heard finally as he does not want to press the appeal on merits in respect of the order of conviction and his prayer is only limited to the extent that the sentence of imprisonment of the accused-appellant may be converted from simple to rigorous imprisonment, so he may get the benefit of remission as per the Rajasthan Prisons Rules, 1951.

( 2 ) THE prayer of the learned counsel for the appellant is not opposed by the learned counsel for the respondent State.

( 3 ) WITH the consent of learned counsel for both the parties, the appeal is heard finally and being disposed of.

( 4 ) ACCUSED-APPELLANT Mukesh s/o Surjan has been convicted by the trial Court under section 376, Indian Penal Code, to undergo 7 years simple imprisonment and a fine of five hundred rupees; in default of payment of fine, to further undergo three months simple imprisonment.

( 5 ) THE learned counsel for the appellant did not challenge the order of conviction passed by the trial Court against the a