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HIGH COURT OF GUJARAT
ILESH J. VORA, SANDEEP N. BHATT, JJ
SURAJBHAI SITARAM MAANE – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
ILESH J. VORA, J.
1. Rule. Learned APP waives service of Rule on behalf of respondent State. By consent, Rule is fixed forthwith.
2. We have heard Mr.R.D. Jadhav, Mr.Devendra Rana, and Mr.Krutik Parikh, learned APP for the respective parties.
3. By way of this application under Section 430 of Bharatiya Nagrik Suraksha Sanhita, 2023, applicant – Surajbhai Sitaram Maane, seeks suspension of sentence awarded to him by the Sessions Court concerned for the offence punishable under Sections 376(2)(J)(N) and 376(3) of the Indian Penal Code and Sections 3(A), 4, 7, 8 of Protection of Children From Sexual Offences Act.
4. The present appeal and the application for suspension of sentence arise from the judgment dated 24.07.2024 and order of sentence passed in Special (POCSO) Case No.138 of 2022, whereby, the applicant herein was convicted and sentenced as under:
| Section | Imprisonment Fine | In default |
| S.376(2)(J)(N) of IPC | R.I. for 5 Rs.5,00 years 0/- | Imprisonment for 3 months |
| S.376(3) of IPC | R.I. for 20 Rs.10,0 years 00/- | Imprisonment for 1 year |
5. Facts and circumstances giving rise to file present application are that prior to the registration of the FIR i.e. 20.04.2022, the minor victim and the ap
The court may suspend a sentence if the applicant demonstrates a compelling case, particularly considering the nature of the relationship and circumstances surrounding the case.
The prosecution must prove the victim's age in cases involving sexual offences; failure to do so can lead to suspension of sentence.
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 has discretion to suspend a sentence if the applicant demonstrates a case for it, considering the peculiar facts of the case.
The court determined that the lack of conclusive evidence regarding the victim's age justified the suspension of the applicant's sentence.
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