N. P. GUPTA, J.

( 1 ) THE matter comes up for consideration of application for suspension of sentence. However, since the record has been received, with consent of learned counsel appearing I have heard the appeal finally on merit itself.

( 2 ) THE learned trial Court by the impugned judgment has convicted the appellant for the offence under S. 376/511 and S. 452, IPC and has sentenced to an imprisonment of three years and six months on the first count alongwith a fine of Rs. 500. 00 and to an imprisonment of two years with fine of Rs. 200. 00 on the second count.

( 3 ) THE prosecution story briefly put is that on 15-9-96, a first report was lodged at Police Station Tibbi to the effect that on 13-9-96, the informant had gone out to another village and his wife had gone to the field for picking Cotton, at which time his daughter Gora was all alone in the house. At that time about 12-00 Noon, the appellant tress passed into the house and caught hold of the victim Gora, attempted to commit rape on her, in whcih process, her wearing apparels were torn. It was on the victim raising a hue and cry, which attracted Bhader and Swaraj. Looking these persons arriving, the appellant