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 know about the illness of the prosecutrix and thereafter told her that she is under the influence of evil spirits. On 07.08.2013, co-accused Sanchita alias Shilpi informed the family members of the prosecutrix that she is not feeling well, so they should take her to Gurukul at Chhindwara, upon which the parents of the prosecutrix reached Chhindwara on 08.08.2013 and thereafter on 09.08.2013, visited the Girls Hostel, Gurukul, Chhindwara, where the prosecutrix was residing and met the co-accused Shilpi and the applicant- appellant, where they told her parents that the prosecutrix is under the influence of evil spirits and they also informed about her condition to Asharam Bapu, so they should meet him wherever he is. On 09.08.2013 itself, the prosecutrix left the hostel for Shahjahanpur, U.P. with her parents, where they contacted another co-accused - Shiva, who informed them that Asharam would be in Delhi on 12.08.2013, then the prosecutrix along with her parents reached Delhi on 13.08.2013, then they came to know that Asharam is in Jodhpur and when they again called Shiva, he asked them to come to Jodhpur. There after, the prosecutrix along with her family members reached Jodhpur at Manai village, where Asharam was staying in a farm house. The prosecutrix along with her parents stayed there and met with Asharam. On 15.08.2013 the prosecutrix was sexually assaulted by Asharam in a Kutia of farm house. There after, the prosecutrix and the family members left Jodhpur and reached Shahjapur, where the prosecutrix narrated entire incident of sexual assault by Asharam to her family members on 19.08.2013. Then the prosecutrix and her family members went to Delhi, where a zero number FIR was lodged at Police Station, Kamla Market, New Delhi and statements of the prosecutrix were recorded u/Sec. 164 Cr.P.C. and thereafter, FIR No. 122/2013 was registered at Police Station, Mahila West, Jodhpur on 21.08.2013.

3. After investigation, the police filed charge-sheet against the applicant- appellant for the offences punishable under Sections 342, 354-A, 370 (4), 376 (2) (f), 376D, 506, 509/34, 109/120-B IPC and Sections 23 and 26 of Juvenile Justice (Care and Protection of Children) Act, 2015 (herein after to be referred as ‘the Juvenile Justice Act’) and Sections 5(f)/6, 5 (g)/6, 7/8 read with Section 17 of Protection of Children from Sexual Offences Act, 2012 (hereinafter to be referred as ‘the POCSO Act’).

4. The trial court framed charges against the applicant-appellant for the offences punishable under Sections 342/34, 354A/34, 370 (4), 376 (2)(f) read with Section 120-B/l 09, 376D, 506/34, 509/34 read with Section 109/120 IPC and Section 23 of the Juvenile Justice Act and Section 5 (0/6 read with Section 17, 5, (g)/6, 7/8 of the POCSO Act.

5. After recording of the