( 12-11-2021)

Per : Sunita Yadav, J.

Heard on IA No.4903/2020 an application under Section 389(1) of

the Code of Criminal Procedure, 1973 for suspension of sentence filed on

behalf of the appellant-Rakesh Kushwaha.

2.

The appellant stands convicted for the offences punishable under

Section 363 of IPC and has been sentenced to undergo RI for 3 years with

a fine of Rs.500/-, Section 376(3) of IPC and has been sentenced to

undergo RI for 22 years with a fine of Rs.5,000/-, Section 354 of IPC and

has been sentenced to undergo R.I. for 3 years with a fine of Rs.500/-,

Section 5(n) r/w Section 6 of the Protection of Children from Sexual

2

Offences Act, 2012,and has been sentenced to undergo R.I. for 20 years

and fine of Rs.5,000/-, and Section 9/10 of the Protection of Children

from Sexual Offences Act, 2012, and has been sentenced to undergo R.I.

for 5 years with a fine of Rs.1,000/-, with default stipulations.

3.

While hearing the aforesaid IA, it reveals that initially the charge-

sheet under Section 354 of IPC and Section 7/8 of the Protection of

Children from Sexual Offences Act, 2012 was filed against the

appellant/accused. The learned trial Court framed the charges under

Sections 363,