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HIGH COURT OF GUJARAT
IJV, SNB
BAJANIYA JAYESH AMARATBHAI RAMABHAI – 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 Bajaniya Jayesh Amratbhai Ramabhai, 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 4(2), 6, 8 and 12 of Protection of Children From Sexual Offences Act.
3. The present appeal and the application for suspension of sentence arise from the judgment dated 27.01.2025 and order of sentence passed in Special POCSO Case No. 69 of 2022, whereby, the applicant herein was convicted and sentenced as under:
| Section | Imprisonment | Fine | In default |
| S.363 & 366 of IPC | RI for 7 yrs | 5000 | SI for 3 months |
| S.4(2)of POCSO | Imprisonment of 20 yrs | 5000 | SI for 1 yr |
| S.6 of POCSO | Imprisonment for 12 yrs | 10000 | SI for 1 yr |
| S.8 & 12 of POCSO | RI for 3 yrs | 1000 | SI for 1 month |
4. Facts and circumstances giving rise to file appeal as well as this application are that the minor victim and the applicant knowing each other prior to the registration of the offence. The victim was interested to engage with the accused
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 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 incarceration period is significant and the likelihood of an appeal being heard is remote.
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 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.
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 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 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 ruled that insufficient proof of the victim's age justified the suspension of the applicant's sentence under IPC and POCSO Act.
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