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HIGH COURT OF GUJARAT
IJV, SNB
KALPESH TOLSING MEDA – 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. By way of this application under Section 430(1) of BNSS, 2023, the applicant Kalpesh Tolsing Meda, seeks suspension of sentence awarded to him by the Sessions Court concerned for the offence punishable under Sections 363, 366, 376(2)(N) of the Indian Penal Code and Section 6 of Protection of Children From Sexual Offences Act.
3. The present appeal and the application for suspension of sentence arise from the judgment dated 05.08.2022 and order of sentence passed in Special POCSO Case No. 13 of 2021, whereby, the applicant herein was convicted and sentenced as under:
| Section | Imprisonme nt | Fine | In default |
| S.363 of IPC | RI for 3 yrs | 5000 | SI for 1 month |
| S. 366 | RI for 3 yrs | 5000 | SI for 1 month |
| S.376(2)(n) | RI for 20 Yrs | 10000 | SI for 1 yr |
| S.6 of POCSO | RI for 20 yrs | 50,000 | SI for 1 yr |
4. Facts and circumstances giving rise to file appeal as well as this application are that minor victim was remained in the company of the accused for about 3 months and more. On 13.01.2021, she was at the house of her sister. The accused is the brother in law of the sister of the victim. They fe
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.
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 determined that the lack of conclusive evidence regarding the victim's age justified the suspension of the applicant's sentence.
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 prosecution must prove the victim's age in cases involving sexual offences; failure to do so can lead to suspension of 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.
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.
The court suspended the applicant's sentence due to the lack of confidence in the victim's testimony and the backlog of pending appeals.
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