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

1 of 2025 In R/CRIMINAL APPEAL NO. 2700 of 2025 ==========================================================

AKSHAY @ AKKI HIRAMAN PAWAR Versus STATE OF GUJARAT & ANR.

==========================================================

Appearance:

DHWANI Y CHANDARANA(8383) for the PETITIONER(s) No. 1 NOTICE NOT RECD BACK for the RESPONDENT(s) No. 2 MR RONAK RAVAL, APP for the RESPONDENT(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA and HONOURABLE MR. JUSTICE R. T. VACHHANI Date : 12/12/2025

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 Ms.Dhwani Chandrana, learned advocate and Mr.Ronak Raval, learned APP for the respective parties.

3. By way of this application under Section 430 of Bharatiya Nagrik Suraksha Sanhita, 2023, applicant – Akshay @ Akki Hiraman Pawar, seeks suspension of sentence awarded to him by the Sessions Court concerned for the offence punishable under Section 376(2)(n) of the Indian Penal Code and Section 6 of Protection of Children From Sexual Offences Act.

4. The present appeal and the application for suspension of sentence arise from the judgment dated 25.02.2025 and order of sentence passed in Special POCSO Case No.6 of 2024, whereby, the applicant herein was convicted and sentenced as under: Section Imprisonment Fine In default S. 6 of POCSO R.I. for 20 years Rs.5,000/ Imprisonment for 3 - months S.376(2)(n) of No separate sentence being awarded.

IPC

5. Facts and circumstances giving rise to file present application are that the minor victim aged about 17 years and more got acquainted with the applicant accused, as a result of which, due to their relations, they eloped together on 16.03.2024 and remained together for a considerable time. On the basis of the FIR, and upon filing the chargesheet, the accused was tried by the Sessions Court and at the conclusion of the trial, he found guilty for the offences, as referred above.

6. Learned advocate Ms.Dhwani Chandrana, appearing on behalf of the applicant while praying for suspension of sentence contended that, the conviction and sentence awarded by the trial Court is not sustainable in eye of law, as the prosecution miserably failed to prove that the victim was under 18 years. That the victim was at the verge of completion of 18 years and due to the family opposition, the marriage could not be possible. That the victim got married with someone and now, the dispute is resolved and considering the period of incarceration and possible of delay in adjudication of the appeal, the prayer may be considered.

7. On the other hand, Mr.Ronak Raval, 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 the accused was related to the mother side of the victim and therefore, in absence of exceptional circumstances, the prayer may not be entertained.

8. The private respondent has appeared through virtual mode and expressed no objection in passing the order.

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

10. We have carefully examined the case records and considered the submissions made at the bar. In the facts of the present case, the age of the victim was at the verge of completion of 18 years and due to blood relations, there was opposition in maintaining further relations. However, facts remain that the victim got married with someone. In such circumstances, without much discussion on merits of the case, we are persuaded to exercise our discretion in favour of the applicant convict for the purpose of suspension of sentence and grant of bail.

11. Accordingly, present application is allowed. Rule is made absolute to aforesaid extent. The senten