IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL (AGAINST CONVICTION) NO. 3242 of 2025 With CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF SENTENCE) NO. 1 of 2025 In R/CRIMINAL APPEAL NO. 3242 of 2025 ==========================================================

HARESHBHAI KANTIBHAI KHANT Versus STATE OF GUJARAT & ANR.

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Appearance:

MR APURVA R KAPADIA(5012) for the Appellant(s) No. 1 NOTICE SERVED for the Opponent(s)/Respondent(s) No. 2 MS. C.M.SHAH, APP for the Opponent(s)/Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MS. JUSTICE S.V. PINTO Date : 12/02/2026

ORAL ORDER

ORDER IN CRIMINAL APPEAL ADMIT. Learned Additional Public Prosecutor waives service of notice of admission on behalf of the respondent No. 1 – State and learned advocate Mr. Piyush Trivedi for the respondent No. 2 –

original complainant.

ORDER IN CRIMINAL MISC. APPLICATION

1] RULE. Learned Additional Public Prosecutor waives service of notice of rule on behalf of the respondent No. 1 – State and learned advocate Mr. Piyush Trivedi waives for the respondent No.

2 – original complainant.

2] This application is filed by the applicant for suspension of sentence in connection with the conviction recorded vide judgment and order dated 29-11-2025 by the learned Special Judge, (POCSO), Aravalli in Special (POCSO) Case No. 94 of 2024, whereby, the applicant was convicted for the offences under Sections 4 and 8 of the Protection of Children from Sexual Offences Act, 2012 and sentenced to rigorous imprisonment for ten (10) years and fine of Rs.5,000/- and, in default, simple imprisonment for three (03) months for the offence under Section 4 of the POCSO and rigorous imprisonment for five (05) years and fine of Rs.3,000/- and in default simple imprisonment for three (03) months for the offence under Section 8 of the POCSO. All sentences were ordered to be run concurrently. The Learned Trial Court further ordered that the victim is entitled to get compensation of Rs.2,00,000/- under the NALSA Victim Compensation Scheme, 2018.

4] Heard learned advocate Mr. Apurva Kapadia for learned advocate for the applicant, learned Additional Public Prosecutor Ms. C. M.Shah for the respondent No. 1 – State and learned advocate Mr. Piyush Trivedi for the respondent No. 2 – original complainant.

5] Learned advocate Mr. Apurva Kapadia submits that the applicant has been convicted for the offence under Sections 4 and 8 of the POCSO Act, but if the evidence of the prosecution is perused, it is proved that the victim and the applicant were in a relationship for the past three years and that the victim, of her own free will, had left the custody of her parents and had joined the company of the applicant and resided with him for about two months. During this entire time, there is no evidence that the applicant had committed any forceful, penetrative sexual assault on the victim, and in the statement of the victim recorded under Section 164 of the Code of Criminal Procedure, 1973, she has admitted that they would talk every day while she would go to the dairy to deposit milk, and thereafter they developed a love affair. She has also admitted that while they were staying together, she would cook food and the applicant would not be in the house. Even before the Medical Officer, the victim has admitted that on 26th June, she called the applicant on the road at Sarurpur Village, and they went to Sathamba and thereafter to Ahmedabad and Rajkot, and they resided for one month at a farm, and thereafter returned to Ahmedabad and went to Bikaner. As far as the age of the victim is concerned, the prosecution has produced the birth certificate at Exhibit 40, which has emerged on record in the deposition of the Investigating Officer, and the prosecution has examined PW-13 Sakilraza Mahammadyusuf Dadhaliyavala, who was working as Sub-Registrar, Register of Births and Deaths at Modasa Nagar Palika, and he has p