VIJAY BISHNOI, J.

This application under Sec. 389 Cr.P.C. has been preferred on behalf of the applicant-appellant seeking suspension of sentence awarded to him by Special Judge, POCSO Act Cases Jodhpur (hereinafter to be referred as ‘the trial court’) vide its judgment dated 25.04.2018 passed in Sessions Case No. 116/2016 (152/2013), whereby the trial court has convicted the applicant-appellant for the offences punishable under Sections 370 (4) read with Section 120-B and 376D IPC, however, sentenced him as under:

Under Section 370 (4)/120-B IPC: 10 years’ rigorous imprisonment and to pay a fine of Rs. 50,000/-, in default of payment of fine, further to undergo one year's rigorous imprisonment.

Under Section 376D IPC: 20 years’ rigorous imprisonment and to pay a fine of Rs. 50,000/-, in default of payment of fine, further to undergo 2 years’ rigorous imprisonment.

2. As per the prosecution story, the prosecutrix, a 12th Standard student, who was studying and residing in Asharam Gurukul, Chhindwara, Madhya Pradesh fell ill in first week of August, 2013. The co-accused Sanchita alias Shilpi, who was working as Warden of the hostel, where the prosecutrix was residing, came to kn