P. DEVADASS, J.

1. In this petition filed under Section 389 Cr. P.C., A-1 seeks suspension of his sentence of imprisonment imposed upon him in the Sessions Case in S.C.No.373 of 2009 on the file of the learned Additional Sessions Judge, Mahila Court, Cuddalore.

2. A-1 was prosecuted along with A-2 and A-3. A-2 and A-3 were acquitted from the charges under Section 417 read with Section 109 IPC. However, A-1 was convicted under Section 376 IPC and sentenced to 7 years R.I. and fined Rs.5,000/ in default 1 year R.I. and under Section 357(3) Cr. P.C., he was directed to pay a compensation of Rs.2 lakhs to PW-1. He was acquitted from the charge under Section 417 I.P.C.

3. On 22.12.2014, A-1 was directed to deposit Rs.1 lakh before the Trial Court. Subsequently, time was extended by this Court. Now as directed A-1 has deposited Rs.1 lakh in the Trial Court.

4. A-1 is alleged to have raped PW-1, who was stated to be then a minor. As per the prosecution version, she was stated to have born on 23.6.1993. But, this was contradicted by A-1.

5. It is pertinent to note that PW-1 gave birth to a female child on 14.7.2009. PW-5, who conducted DNA test confirmed that the said child was born to