ORDER

The Appeal is admitted by order dated 30-01-2023.

2. Present application is filed by the applicant for suspension of sentence, wherein the applicant has been convicted vide judgment and order dated 14.12.2022 by the Additional Sessions Judge and Special Judge (POCSO), Gandhinagar in Special (POCSO) Case No.63 of 2018 for the offence punishable under Section-363, 366, 376 of the Indian Penal Code and under Section 4 and 6 of the POCSO Act.

3. Special case has arisen out of the FIR registered as C.R. No.I-188 of 2018 with Sector-7 Police Station, Gandhinagar, wherein the offence was registered under Section-363 and 366 of the Indian Penal Code. During the course of investigation, Section-376 of the Indian Penal Code and Section 4 and 6 of the POCSO Act were added.

4. Learned advocate for the applicant submitted that the matter was of love affair between the applicant, who was aged approximately 21 years, whereas the prosecutorix was also aged 17 years, 2 months and 23 days as on the date of the offence.

5. Learned advocate for the applicant submitted that during the course of the trial, the applicant was on regular bail, upon conviction has continued to be in custody sinc