1. By way of the 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 the pendency of the present appeal against the judgment and order of conviction dated 20.03.2023 passed in Special (POCSO) Case No. 12 of 2018 by the learned Special Judge and Additional Sessions Judge, Kutch at Gandhidham, whereby, the present applicant - accused was sentenced to ten years rigorous imprisonment and fine of Rs. 25,000/- and in default, six months simple imprisonment for the offence punishable under Section 376 of IPC , three years rigorous imprisonment and fine of Rs. 15,000/- and in default, six months simple imprisonment for the offence punishable under Section 506(2) of IPC , three years rigorous imprisonment and fine of Rs. 15,000/- and in default, six months simple imprisonment for the offence punishable under Section 3(1)(w)(1) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act . All the sentences were ordered to run concurrently.

2. Learned Advocate Ms. Urvashi Mehta for the applicant submits that as per the evidence of the victim and in the st