The Criminal Appeal is admitted by an order dated 12/04/2024.

1]This application is filed by the applicant for suspension of sentence in connection with the conviction recorded vide judgment and order dated 15th March, 2024 passed by the learned 2nd Additional Sessions Judge, Dev Bhoomi Dwarka, Khambhadia in Sessions Case No. 35 of 2017, whereby the applicant has been convicted for the offence under Sections 328, 449 , 376(2)(n) of the Indian Penal Code , 1860.

The learned trial Judge has sentenced the applicant to undergo rigorous imprisonment for five years and fine of Rs.5,000/- and in default further simple imprisonment for six months for the offence under Sections 328 of the IPC , rigorous imprisonment for three years and fine of Rs.5,000/- and in default further simple imprisonment for six months for the offence under Sections 449 of the IPC and rigorous imprisonment for ten years and fine of Rs.10,000/- and in default further simple imprisonment for six months for the offence under Sections 376(2)(n) of the IPC .

2]Heard Ms. Aishwarya Chaudhary learned advocate appearing for the applicant and learned Additional Public Prosecutor appearing for the respondent – State of Guj