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HIGH COURT OF GUJARAT
ILESH J. VORA, HEMANT M. PRACHCHHAK, JJ
SUKHABHAI LAVJIBHAI PARMAR – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
ILESH J. VORA, J.
1. After arguing sometime, learned advocate Mr. Jucky Lucky Chan for the applicants does not press this application qua applicant no. 2. Present application stands disposed of as not press qua applicant no. 2. Notice is discharged.
2. Rule. Learned APP waives service of Rule on behalf of respondent State. By consent, Rule is fixed forthwith.
3. By way of this application under Section 430(1) of BNSS, 2023, the applicant No. 1 – Sukhabhai Lavjibhai Parmar, seeks suspension of sentence awarded to him by the Sessions Court concerned for the offencepunishable under Sections 376(2)(N) of the Indian Penal Code and Sections 4, 5(L), 8, 12 of Protection of Children From Sexual Offences Act.
4. The present appeal and the application for suspension of sentence arise from the judgment dated 31.08.2024 and order of sentence passed in POCSO Case No. 27 of 2022, whereby, the applicant herein was convicted and sentenced as under:
| Section | Imprisonment | Fine | In default |
| S.376(2)(N) of IPC and S. 4, 5(L) of POCSO | RI for 20 Yrs | 5000 | SI for 1 yr |
| S.8 of POCSO | RI for 3 yrs | 1000 | SI for 3 months |
| S.12 of POCSO | RI for 3 yrs | 1000 | SI for 3 months |
5. Facts and circumstances giving rise to file appeal as well
The court suspended the applicant's sentence due to the lack of confidence in the victim's testimony and the backlog of pending appeals.
The court has discretion to suspend a sentence if the applicant demonstrates a case for it, considering the peculiar facts of the case.
Suspension of sentence granted in light of the applicant's prior relationship with the victim and backlog of appeals, balancing the gravity of the offences with the rights of the accused.
The court may suspend a sentence if doubts arise regarding the conviction, particularly concerning the proof of the victim's age and the validity of consent.
The court ruled that insufficient proof of the victim's age justified the suspension of the applicant's sentence under IPC and POCSO Act.
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