IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ILESH J.VORA, P.M.RAVAL
Ranjitkumar, S/o. Karu Bind – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
P. M. RAVAL, J.
1. Rule. Learned APP waives service of notice of Rule on behalf of respondent State.
2. The present application is preferred by the applicant – Ranjitkumar s/o Karu Bind – original accused No.1 under Section 430 of the Bhartiya Nagarik Suraksha Sanhita 2023 for suspension of sentence awarded to him vide judgment and order of conviction and sentence dated 4.4.2025 by the learned 2nd Additional Sessions Judge & Special Judge (POCSO), Devbhoomi Dwarka in Special POCSO Case No.5 of 2024.
3. Learned advocate Mr.M.S.Padaliya appearing for the applicant has mainly contended as follows :
(a) That the applicant is falsely and wrongly involved in the case.
(b) That the impugned order passed by the learned trial Judge is unjust, improper and against the facts and evidence on record.
(c) That the applicant is a young boy aged about 19 years and is permanent resident residing at the address given in the cause title and would cooperate in conducting the appeal as and when taken up for final hearing.
(d) That the victim has stayed with the applicant at her own volition for almost a period of one month.
(e) That it is a clear cut case of love affair. However, due to statutory prov
The court emphasized that the appellate process requires a strict evaluation of evidence to determine if there exist prima facie grounds for the sustainability of conviction, restricting evidence rea....
The court established that a defendant can seek suspension of sentence if strong prima facie evidence suggests that conviction may not be sustainable, particularly when serious charges are involved.
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....
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 applicant convicted under the POCSO Act may secure sentence suspension if the evidence reveals no direct involvement or overt acts, indicating potential for acquittal.
Suspension of sentence may be granted if a prima facie assessment shows the conviction may not be sustainable, particularly in serious offences, while considering the duration of incarceration.
The appellate court emphasized that suspension of sentence requires a prima facie examination of potential errors in conviction, especially in serious offences where identification of the accused is ....
The court found that mere presence at the scene of a crime without substantive involvement can justify suspension of sentence in appeal for serious offenses.
Suspension of sentence in a serious offence requires substantial evidence and consideration of the likelihood of acquittal; conviction cannot stand without corroboration.
The court underscored the necessity of a rigorous evidentiary standard for convictions, particularly in serious offenses like murder, mandating a cautious approach regarding suspension of sentences p....
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