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HIGH COURT OF GUJARAT
IJV, SNB
SAMSHAD ALLAUDIN ANSARI – 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.S.D. Mansuri, learned advocate and Mr.Meet Thakkar, learned APP for the respective parties.
3. By way of this application under Section 430 of Bharatiya Nagrik Suraksha Sanhita, 2023, applicant – Samshad Alauddin Ansari, seeks suspension of sentence awarded to him by the Sessions Court concerned for the offence punishable under Sections 363, 366, 376 of the Indian Penal Code and Section 4 of Protection of Children From Sexual Offences Act.
4. The present appeal and the application for suspension of sentence arise from the judgment dated 02.01.2019 and order of sentence passed in POCSO Case No. 128 of 2015, 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 6 months |
| S.366 of IPC | R.I. for 7 years | Rs.5,000/- | Imprisonment for 6 months |
| S.376 of IPC | Life Imprisonment | Rs.20,000/- | Imprisonment for 1 year |
| S.4 of POCSO | Life Imprisonment | Rs.20,000/- | Imprisonment for 1 year |
5. Facts and circumstances giving rise to file present application are that the m
The court may suspend a sentence if the applicant demonstrates a case for it, particularly considering the length of incarceration and the adequacy of evidence regarding the victim's age.
The court may suspend a sentence if the incarceration period is significant and the likelihood of an appeal being heard is remote.
The court suspended the sentence based on the lack of proof regarding the victim's age and the unique circumstances of her relationship with the accused.
The court may suspend sentences based on the age and health of the accused, especially when incarceration has been prolonged and appeals are unlikely to be heard soon.
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 principle of parity applies in suspension of sentence cases when co-accused have similar roles and durations of imprisonment.
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 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.
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