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

1 of 2025 In R/CRIMINAL APPEAL NO. 378 of 2025 ==========================================================

SAMIR KASAMBHAI @ ANUBHAI AAMRONIYA Versus STATE OF GUJARAT & ANR.

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Appearance:

NABIL O BLOCH(7953) for the PETITIONER(s) No. 1 MR RONAK RAVAL, APP for the RESPONDENT(s) No. 1 TATVDEEP J JANI(7227) for the RESPONDENT(s) No. 2 ==========================================================

CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA and HONOURABLE MR. JUSTICE R. T. VACHHANI Date : 15/12/2025

IA ORDER

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

1. Rule. Learned advocates appearing for the respective respondents waive service of Rule on behalf of respective respondents. By consent, Rule is fixed forthwith.

2. By way of this application under Section 430(1) of BNSS, 2023, the applicant Samir Kasambhai @ Anubhai Aamroniya, seeks suspension of sentence awarded to him by the Sessions Court concerned for the offence punishable under Section 376(2)(n) of IPC and Section 6 of POCSO Act.

3. The present appeal and the application for suspension of sentence arise from the judgment dated 29.01.2025 and order of sentence passed in Special (POCSO) Case No.09 of 2024, whereby, the applicant herein was convicted and sentenced as under:

Section Imprisonment Fine In default S. 6 of RI for 20 years 5,000 SI for 03 months POCSO Act No separate sentence has been awarded under Section 376(2)(n) of IPC.

4. Facts and circumstances giving rise to file appeal as well as this application are that, the victim and accused were in relations and prior to the incident, they eloped together and then, returned back to their respective homes. Again, on 11.06.2024, they eloped together and after some time, they voluntarily surrendered before the police. On the basis of complaint about kidnapping and sexual abuse, the applicant was chargesheeted and tried by the court concerned and at the end, he found guilty for the offences as referred above.

5. Learned advocate Mr. Nabil Bloch, appearing on behalf of the applicant while praying for suspension of sentence contended that, this is a case of love affair and the age of the victim is also disputed and therefore, considering the delay aspect in deciding the appeal, the prayer may be considered.

6. On the other hand, Mr. Ronak Raval, learned Additional Public Prosecutor as well as Mr. Tatvdeep Jani, learned advocate for original complainant have supported the impugned judgment and order of conviction as passed by the trial Court and contended that, the victim was minor and her consent is of no consent in eye of law and therefore, in absence of any acceptable legal ground, the application may not be entertained.

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. We take notice of the fact that, prior to the FIR, the victim and accused were in relations and in past also, they eloped together and returned back to their village. The applicant was on bail during the trial and the possibility of early hearing of appeal is remote and/or bleak. In such circumstances, imposing stringent condition, we are persuaded to exercise our judicial discretion in favour of the applicant.

9. Accordingly, present application is allowed. Rule is made absolute to aforesaid extent. The sentence of the applicant awarded vide judgment dated 29.01.2025 by the learned 6^th Additional Sessions Judge & Special Judge (POCSO), Rajkot at Dhoraji in Special (POCSO) Case No.09 of 2024 is suspended during the pendency of the Criminal Appeal and the applicant shall be released on bail on his furnishing a personal bond of Rs.10,000/- with one surety of the like amount to the satisfaction of the trial Court subject to condition that he will not enter in Village: U