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2024 Supreme(Online)(GUJ) 1402

HIGH COURT OF GUJARAT
MS. JUSTICE S.V. PINTO, J
NAWAZ LATIFBHAI GANDHAR – Appellant
Versus
STATE OF GUJARAT – Respondent


Petitioner Advocates:MS TANAVEER K LOLADIA(9994) ,Respondent Advocate: PUBLIC PROSECUTOR(2)

ORDER

The Criminal Appeal is admitted by an order dated 10/06/2024.

1]

    This application is filed by the applicant for suspension of sentence in connection with the conviction recorded vide judgment and order dated 29/11/2023 passed by the learned Special Judge (POCSO) & 2nd Additional Sessions Judge, Devbhoomi Dwarka in Special (POCSO) Case No. 20 of 2021, whereby the applicant has been convicted for the offence under Sections 363 and 366 of the Indian Penal Code, 1860 and Section 18 of the Protection of Children from Sexual Offences Act, 2012.
    The learned Special Judge, Devbhoomi Dwarka has sentenced the applicant to undergo rigorous imprisonment for 5 years and fine of Rs.10,000/- and in default further simple imprisonment for six months for the offence under Sections 363 and 366 of the Indian Penal Code, 1860 and Section 18 of the Protection of Children from Sexual Offences Act, 2012.

2]

    Heard Ms. Tanveer K. Loladiya learned advocate appearing for the applicant and Ms. C.M.Shah learned Additional Public Prosecutor appearing for the respondent – State of Gujarat.

3]

    Ms. Tanveer K. Loladiya learned advocate for the applicant submits that the applicant has been convicted for five years for

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