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HIGH COURT OF GUJARAT
ILESH J. VORA, HEMANT M. PRACHCHHAK, JJ
PARESHBHAI VITTHALBHAI HARIJAN – 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. Pratik Barot, learned advocate and Mr. Trupesh Kathiriya, learned APP for the respective parties.
3. By way of this application under Section 430 of Bharatiya Nagrik Suraksha Sanhita, 2023, applicant Pareshbhai Vitthalbhai Harijan, seeks suspension of sentence awarded to him by the Sessions Court concerned for the offence punishable under Sections 363, 366 of the Indian Penal Code and Sections 6 of Protection of Children From Sexual Offences Act.
4. The present appeal and the application for suspension of sentence arise from the judgment dated 05.04.2022 and order of sentence passed in Special Case (POCSO) No.15 of 2020, whereby, the applicant herein was convicted and sentenced as under:
| Section | Imprisonment | Fine | In default |
| S.363 of IPC | R.I. for 3 years | Rs.5,000/- | Imprisonment for 3 months |
| S.366 of IPC | R.I. for 7 years | Rs.10,000/- | Imprisonment for 6 months |
| S.6 of POCSO | R.I. for 20 years | Rs.20,000/- | Imprisonment for 6 months |
5. Facts and circumstances giving rise to file present application are that prior to the date of the FIR, the applicant and
The prosecution must prove the victim's age in cases involving sexual offences; failure to do so can lead to suspension of sentence.
The court determined that the lack of conclusive evidence regarding the victim's age justified the suspension of the applicant's sentence.
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.
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.
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 ruled that the prosecution's failure to prove the victim's age undermined the conviction, leading to the suspension of the applicant's sentence.
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