ORDER :

1. By way of preferring this application under Section 389 (1) of the Cr.P.C. applicant has prayed to suspend the sentence imposed upon him by way of judgment and order dated 16.06.2021 passed by learned Special Judge, POCSO at Jetpur, District Amreli in POCSO Case No. 23 of 2019 during the pendency of the criminal appeal.

2. Heard learned advocate appearing for the applicant and learned APP appearing for the respondent-State.

3. Referring the deposition of the victim, it is submitted by learned advocate appearing for the applicant that applicant was married in a temple with the victim herself and consensual relationship was developed with her. That there was no objection raised by the victim of such relationship and it was voluntarily consented by the victim. Referring the deposition of Talati-cum-Mantri, it is submitted that birth date of the victim was doubtful. That name of the victim was recorded in the register later on, and therefore, the victim was more than 18 years at the time of committing the offence. Learned advocate appearing for the applicant has referred the deposition of PW-6 Dr. Divyesh Manubhai Bhaliya and submitted that clear history was given by the victim