1.By way of present application under Section 389 of the Code of Criminal Procedure , 1973, the applicant - accused is seeking suspension of sentence and release on regular bail during pendency of the present appeal application against the judgment and order of conviction in Sessions Case No. 22 of 2022 passed by the learned 2nd Additional Sessions Judge, Chhotaudepur at Bodeli on 13.12.2023, whereby, the learned Sessions Judge has sentenced the applicant – original accused to undergo rigorous imprisonment of 10 years and fine of Rs.20,000/- and in default, simple imprisonment of 3 months for the offence punishable under Sections 376 of the IPC.

2.Learned advocate Mr. Pratik Barot for learned advocate Mr. Maulik Soni for the applicant – accused submits that it appears from the entire evidence that the victim and the complainant were in a relationship and it is a case of consensual relations between the victim and the applicant.

That the incident has occurred on 12.10.2021 and the complaint has been filed on 14.10.2021 i.e. after a delay of 2 days even though as per the case of the prosecution, the mother of the victim found her with the applicant. Learned advocate submits that t