IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC. APPLICATION (FOR SUSPENSION OF SENTENCE)

NO. 1 of 2025 In R/CRIMINAL APPEAL NO. 1570 of 2025 ==========================================================

AJAY RANJITSINH CHAUHAN Versus STATE OF GUJARAT & ANR.

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Appearance:

MR YUNUS U MALEK(5343) for the PETITIONER(s) No. 1 DR. KHUSHBU P VYAS(7040) for the RESPONDENT(s) No. 2 HCLS COMMITTEE(4998) for the RESPONDENT(s) No. 2 MR LB DABHI APP for the RESPONDENT No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA and HONOURABLE MR.JUSTICE P. M. RAVAL Date : 16/10/2025

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. By way of this application under Section 430(1) of BNSS, 2023, the applicant Ajay Ranjitsinh Chauhan, seeks suspension of sentence awarded to him by the Sessions Court concerned for the offence punishable under Sections 363, 366, 376(2)(n)(3) of the Indian Penal Code and Section 6 of Protection of Children From Sexual Offences Act.

3. The present appeal and the application for suspension of sentence arise from the judgment dated

16.05.2024 and order of sentence passed in Special POCSO Case No. 67 of 2021, whereby, the applicant herein was convicted and sentenced as under:

Section Imprisonme Fine In default nt S.363 of IPC RI for 1 yr 1000 SI for 15 days S. 366 RI for 3 yrs 3000 SI for 1 yr S.376 (2)(n)(3) RI for 20 Yrs 10000 RI for 6 months of IPC r/w S. 6 of POCSO Act So far as offence under the provisions of Section 4 of POCSO Act is concerned, no separate sentence has been awarded by the trial Court.

4. Facts and circumstances giving rise to file appeal as well as this application are that the minor victim and applicant herein came into contact as the accused was working near the house of the victim. In this circumstances, on 30.06.2021, the victim and accused left their respective home and lived together upto 12.07.2021. In the meantime, the mother had filed the complaint and upon filing the chargesheet, the accused was put on trial and at the end of trial, the trial Court found guilty the applicant for the offences as referred above.

5. Learned advocate Mr. Y. U. Malek, appearing on behalf of the applicant while praying for suspension of sentence contended that, the incarceration period is 4 years and 2 months and till date the matter has not been listed for final hearing and therefore, considering the nature of relations, the prayer may be considered.

6. On the other hand, Mr. L. B. Dabhi, learned Additional Public Prosecutor and Ms. Khushbu Vyas, learned advocate for respondent complainant have supported the impugned judgment and order of conviction as passed by the trial Court and contended that, the victim was minor and there was sufficient evidence of the age as well as sexual abuse and trial Court has rightly convicted the accused.

7. Issue arises for our determination, as to whether the applicant has made out a case for suspension of sentence?

8. We have carefully examined the case records and considered the submissions made at the bar. It is no doubt true that the accused before the incident was working with as a labourer on Omlet Lorry. As a result, they came into contact and due to their relations, they stayed together for about 13 days.

The incarceration period is 4 years and more. In such circumstances, we are persuaded to exercise our discretion in favour of the applicant convict for the purpose of substantive order of sentence.

9. Accordingly, present application is allowed. Rule is made absolute to aforesaid extent. The sentence of the applicant awarded vide judgment dated 16.05.2024 by the learned Special Judge (POCSO), Gandhinagar in Special POCSO Case No. 67 of 2021 is suspended during the pendency of the Criminal Appeal and the applicant shall be released on bail on his furnishing