Back
HIGH COURT OF GUJARAT
IJV, SNB
DASRATHSINH BHAVANSINH @ BHAVSINH JHALA – 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 Dashrathsinh Bhavansinh @ Bhavsinh Jhala, seeks suspension of sentence awarded to him by the Sessions Court concerned for the offence punishable under Sections 376(3) of the Indian Penal Code and Sections 4 & 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 19.09.2022 and order of sentence passed in Special POCSO Case No. 14 of 2020, whereby, the applicant herein was convicted and sentenced as under:
| Section | Imprisonment | Fine | In default |
| S.376 (3) and S. 4 & 6 of POCSO Act | RI for 20 Yrs | 10000 | SI for 6 months |
4. Facts and circumstances giving rise to file appeal as well as this application are that prior to the incident, minor victim and accused were knowing each other and due to their relations, the physical relationship had been maintained. Pursuant to the FIR dated 30.12.2019, applicant accused was apprehended and at the end of investigation, chargesheet came to be filed agains
The court may suspend a sentence if the incarceration period is significant and the likelihood of an appeal being heard is remote.
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 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 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 a sentence if the applicant demonstrates insufficient evidence of involvement in the crime, allowing for bail pending appeal.
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 during the appeal process if the applicant has served a significant portion of the sentence and no exceptional circumstances exist to deny such suspension.
The court established that in serious offences, convictions should not be automatically sustained, and there must be evident grounds for suspicion or errors to allow for the suspension of sentences d....
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.
Appellate courts must evaluate apparent errors in conviction before granting bail in cases involving serious offences, relying on objective assessment of the evidence presented.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
