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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Ilesh J.Vora, P.M.Raval
Harishkumar Punambhai Rukhi (Harijan) – 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 – original accused 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 31.1.2025 by the learned Special POCSO & Additional Sessions Judge, at Kapadvanj, District Kheda in Special POCSO Case No.20 of 2024 (old POCSO No.23 of 2023).
3. By way of the impugned judgment and order, learned trial Judge has convicted as follows :
| Offences | Punishment | Fine |
| U/s 363 of IPC | 4 years SI | Rs.2500/-, in default, 2 months SI |
| U/s 4 and 6 of POCSO Act, 2012 and u/s 376(2) (n) of IPC | 20 years RI | Rs.5000/-, in default, 5 months SI |
4. Learned advocate Mr.Maulik Soni appearing for the applicant has mainly contended as follows :
(a) That the applicant and prosecutrix were having lofe affair.
(b) That the applicant and prosecutrix both have willingly run away and were living together.
(c) That while the victim was produced before the concerned police authority, she has not uttered a single word with regard to the applicant having forceful relationship
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 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....
Appellate courts must evaluate apparent errors in conviction before granting bail in cases involving serious offences, relying on objective assessment of the evidence presented.
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.
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 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 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 establishes that proper assessment of evidence is crucial for suspension of sentence in serious offences.
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