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 – Mayurbhai Maheshbhai Prabhubhai Naika - original accused under Section 4 30 of the Bhartiya Nagarik Nayay Sanhita 2023 for suspension of sentence awarded to him vide judgment and order of conviction and sentence dated 27.2.2024 by the learned Special Judge (POCSO) & 3^rd Additional Sessions Judge, Valsad in Special POCSO Case No.4 of 2022 whereby the applicant – original accused came to be convicted and ordered to undergo imprisonment for 10 years and to pay a fine of Rs.1,00,000/-, in default, to undergo simple imprisonment for six months for the offence under section 4 of the POCSO Act, rigorous imprisonment for 20 years and to pay a fine of Rs.2,00,000/-, in default, to undergo simple imprisonment for two years for the offence under section 6 of the POCSO Act. The sentences were ordered to run concurrently.

3. Learned advocate Mr.Adil Mirza appearing for the applicant has mainly contended as follows :

(a) That the judgment and order of conviction passed by the learned trial Court is bad in law and contrary to the provi