IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF SENTENCE) NO.

1 of 2025 In R/CRIMINAL APPEAL NO. 1145 of 2024 ==========================================================

JITU @ JITESH @ TINIYO CHIMANBHAI RATHOD Versus STATE OF GUJARAT & ANR.

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Appearance:

MS CHINTANIKA P LUKHI(10189) for the PETITIONER(s) No. 1 SHREY H DAVE(8444) for the PETITIONER(s) No. 1 MS URMILA N DESAI(5609) for the RESPONDENT(s) No. 2 MR ADITYA JADEJA, APP for the RESPONDENT(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA and HONOURABLE MR.JUSTICE P. M. RAVAL Date : 15/10/2025

IA ORDER

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

1. Rule. Learned APP waives service of Rule on behalf of respondent State. By consent, Rule is fixed forthwith.

2. We have heard Mr.Shrey Dave, learned advocate and Mr.Aditya Jadeja, learned APP for the respective parties.

3. By way of this application under Section 430 of Bharatiya Nagrik Suraksha Sanhita, 2023, applicant – Jitu @ Jitesh @ Tiniyo Chimanbhai Rathod, seeks suspension of sentence awarded to him by the Sessions Court concerned for the offence punishable under Sections 363, 366, 376 of the Indian Penal Code and Section 4 of Protection of Children From Sexual Offences Act.

4. The present appeal and the application for suspension of sentence arise from the judgment dated 24.08.2023 and order of sentence passed in Special POCSO Case No.1 of 2017, whereby, the applicant herein was convicted and sentenced as under: Section Imprisonment Fine In default S.363 of IPC R.I. for 7 years Rs.10,0 Imprisonment for 6

00/- months S.366 of IPC R.I. for 10 Rs.10,0 Imprisonment for 6 years 00/- months S.376 of IPC Life Rs.10,0 Imprisonment for 6 read with S.4 of Imprisonment 00/- months POCSO

5. Facts and circumstances giving rise to file present application are that the applicant being a Truck Driver, was came into contact with the minor victim and she was lured by the applicant and was sexually abused for multiple time. It is alleged that during 8 months, the accused raped the minor girl and thereafter, on the basis of complaint, the accused came to be arrested and was put on trial and at the end of it, the Trial Court found him the guilty for the offences as referred above and sentenced him for life.

6. Learned advocate Mr.Shrey Dave, appearing on behalf of the applicant while praying for suspension of sentence contended that, there is no conclusive proof to determine the age of the victim and on that ground, there are all chances in succeeding the appeal. The second ground raised is that incarceration period is 9 years and more and looking to the age of accused, the prayer may be considered.

7. On the other hand, Mr.Aditya Jadeja, learned Additional Public Prosecutor has supported the impugned judgment and order of conviction as passed by the trial Court and contended that the victim was minor and at this stage, the issue of age as raised cannot be appreciated and therefore, in absence of exceptional circumstances, the application may not be entertained.

8. Issue arises as to whether the applicant has made out a case for suspension of sentence?

9. We have carefully examined the case records and considered the submissions made at the bar. It is no doubt true that the incarceration period is 9 years and more and chances of early hearing of the appeal is bleak. The accused was, at the time of incident, 25 years old. In such circumstances, we are persuaded to exercise our discretion in favour of the applicant convict for the purpose of suspension of sentence and grant of bail.

10. Accordingly, present application is allowed. Rule is made absolute to aforesaid extent. The sentence of the applicant awarded vide judgment dated 24.08.2023 by the learned Special (POCSO) Judge, Special POCSO Court, Navsari in Special POCSO Case No.1 of 2017 is suspended during the pendency of the Criminal Appeal and