1. - The matter was listed on the application for suspension of sentence filed on behalf of accused-appellant Bhanji, however, at the request of learned Amicus Curiae, which was not opposed by learned Public Prosecutor, the parties were heard on the appeal itself, which was filed with a delay of 362 days and was registered at regular number only after condonation of delay by this Court vide order dated 6.1.2004.

2. The accused-appellant is aggrieved of the judgment of conviction and order of sentence passed by learned Addl. Sessions Judge (Fast Track) No. 1, Banswara in Sessions case No. 215/2001 5.10.2002, whereby he has been convicted for offence u/s. 376, 323 IPC and sentenced for rigorous imprisonment for 10 years with fine of Rs. 5,000/- and in default of payment of fine to suffer further rigorous imprisonment for a period of two months u/s. 376 IPC , and three months simple imprisonment and a fine of Rs. 500/-, in default thereof to further undergo imprisonment for 15 days for the offence u/s. 323 IPC. He has filed the present appeal u/s. 383 Cr.P.C. from jail through the Superintendent, Central Jail, Udaipur.

3. The facts apposite for disposal of this jail appeal, as