The court can suspend a sentence if the accused shows a plausible defense and there are no reasonable prospects for a timely appeal hearing.

(PER : HONOURABLE MR. JUSTICE ILESH J. VORA)

1. This application has been filed with prayer for suspension of sentence and grant of bail to the applicant accused during the pendency of appeal.

2. The applicant – sole accused has been convicted for the offences punishable under Section 376(2)(j), 377 of the Indian Penal Code and under Sections 4 , 6 and 8 of the POCSO Act and also under Section 3(2)(v) and 3(1)(w) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act and sentenced as tabulated hereunder:

Offence Punishment Fine Default Sentence

376(2)(J) IPC RI for life 10000 RI for 6 months

3. The case of the prosecution in brief is that, the victim aged about 17 years 11 months and 29 days, came into contact with the accused on social media – instragram and they got acquainted. The duration of relation was one month and more and thereafter, on 23.08.2022, at about 8-15 PM, the victim was called near Sudama Chawk, Porbandar and then, she had been took in the hotel room namely ‘Man Sarovar Hotel’. The accused asked the victim for sexual favour and on refusal, the forceful intercourse being done by the accused and thereafter, she was compelled to do unnatural sex. After an hour, the victim left the hotel and went to her hostel, as at Porbandar Polytechnic College she was pursuing Diploma Civil Engineering. She had informed her friend Rajvi about the incident, as she was having a pain in her stomach. On the next day i.e. on 24.08.2022, she went to Government Hospital, Porbandar, where she narrated the incident to the doctor. In such circumstances, the victim lodged a complaint. The Kamlabaug Police Station, Porbandar, arrested the accused – applicant and upon completion of the investigation, the chargesheet came to be filed. The Special Court, Porbandar after appreciation of the evidence and upon hearing the parties, convicted the applicant for the offences as mentioned hereinabove.

4. We have heard learned counsel Mr. Virat Popat, appearing for and on behalf of applicant accused, Mr. Vishal Anandjiwala, learned advocate appearing for the victim and Mr. L.B. Dabhi, learned Additional Public Prosecutor for the respondent State.

5. Mr. Virat Popat, learned counsel has submitted that, the accused is the victim of honey-trap. There was a dispute in connection with immovable property between the applicant and one Dilip Odedara, resident of Porbandar. The victim used to tide the Rakhi to Dilip Odedara, as she believes him as her brother. Since 2020, criminal proceedings with respect to the property is pending between the accused and said Dilip Odedara, because, the applicant got sale-deed of the said property in his name and thereafter, he reversed the said transaction in favour of original seller, which do not like Dilip Odedara and his party. They are demanding huge amount from the applicant and in order to pressurize the applicant, being larger conspiracy allegedly hatched by the victim and Dilip Odedara, the accused was framed in the alleged false case of rape. In order to prove the said aspect, the accused himself entered into the witness box in his defence as DW-1 and narrated the true facts of land dispute and other things and how he was trapped in a false case. The accused before the trail Court examined 5 witnesses in his defense, includi