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

1 of 2025 In R/CRIMINAL APPEAL NO. 126 of 2026 ==========================================================

SANJIT S/O DINESHBHAI HARICHANDRA RAJBHAR Versus STATE OF GUJARAT & ANR.

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Appearance:

MR ANKIT Y BACHANI(5424) for the PETITIONER(s) No. 1 MS. BHAVNA D ACHARYA(6406) for the RESPONDENT(s) No. 2 MS MEGHA CHITALIYA APP for the RESPONDENT(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA and HONOURABLE MR. JUSTICE R. T. VACHHANI Date : 23/03/2026

IA ORDER

(PER : HONOURABLE MR. JUSTICE R. T. VACHHANI)

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 of Bharatiya Nagrik Suraksha Sanhita, 2023, applicant, seeks suspension of sentence awarded to him by the Sessions Court concerned for the offence punishable under Section 376(2)(n), 376(3) 363, 366 of the Indian Penal Code and under Sections 4(2), 5(l), 6, 8 and 12 of the POCSO Act.

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

02.04.2025 and order of sentence passed by the learned Special POCSO Judge, Mahesana in Special POCSO Case No.70 of 2023, whereby, the applicant herein was convicted and sentenced for a period of twenty years for the offence punishable under Section

4(2) and 6 of the POCSO Act.

4. Facts and circumstances giving rise to file present application are that, the victim aged about 15 years and 03 months and applicant accused is 22 years, prior to the incident they were in relations and due to their acquaintance, they stayed together at different places. On the basis of FIR with respect to offence of kidnapping and sexual abuse, the accused was put on trial and at the conclusion of the trial, he found guilty for the offences referred above.

5. Learned advocate Mr.Bachani, appearing on behalf of the applicant while praying for suspension of sentence contended that, this is a case of love affair since last three years, the trial Court could not have convicted the accused and in that view of the matter, there is a merits in the appeal and considering the possible delay in adjudicating the appeal, the application may be considered.

6. On the other hand, Ms.Megha Chitaliya, 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 theory of consent, at this stage cannot be appreciated.

7. Learned advocate Mr.Bhargav Pandya, appearing on behalf of respondent no. 2 submits that this court may not allow the present application and dismiss the same.

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. In the facts of the present case, the victim and the accused resides in the same vicinity prior to the FIR and they were known to each other since last one and half years as stated by the victim before the Doctor who examined her and furthermore she has stated that they stayed together at different places for more than three months and committed sexual intercourse of her own volition. In such circumstances, when appeal will not likely to be heard in near future and considering the nature of relations of the parties, imposing stringent condition, 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 and order of sentence dated 02.04.2025 passed by the learned Special POCSO Judge, Mahesana in Special POCSO Case No.70 of 2023 is suspended during the pe