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

1 of 2025 In R/CRIMINAL APPEAL NO. 3092 of 2025 ==========================================================

ROHITBHAI NAVALSINH DAMOR Versus STATE OF GUJARAT & ANR.

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

Appearance:

MR BHAVESH J PATEL(6801) for the PETITIONER(s) No. 1 NOTICE UNSERVED for the RESPONDENT(s) No. 2 MR BHARGAV PANDYA, APP for the RESPONDENT(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA and HONOURABLE MR. JUSTICE R. T. VACHHANI Date : 10/02/2026

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 Mr.Bhavesh Patel, learned advocate and Mr.Bhargav Pandya, learned APP for the respective parties.

3. By way of this application under Section 430 of Bharatiya Nagrik Suraksha Sanhita, 2023, applicant – Rohitbhai Navalsinh Damor, seeks suspension of sentence awarded to him by the Sessions Court concerned for the offence punishable under Sections 363, 366, 366(A), 376(2)(n) of the Indian Penal Code and Sections 4, 5(L) and 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 06.11.2025 and order of sentence passed in Special POCSO Case No.15 of 2023, whereby, the applicant herein was convicted and sentenced as under:

5. Facts and circumstances giving rise to file present application are that the minor victim and the applicant accused belong to the same village and prior to the registration of the FIR, since last three years, they were knowing each other, as a result, on 20.02.2023, according to the prosecution case, victim was kidnapped and sexually abused during 18 days’ stay at different places. On the basis of FIR and chargesheet, the accused was put on trial and upon conclusion of the trial, the Court found him guilty for the offences, as referred above.

6. Learned advocate Mr.Bhavesh Patel, 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 parties have stayed together for about 18 days and this being a case of love affair, the prayer may be considered.

7. On the other hand, Mr.Bhargav Patel, 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 at this stage, the plea of love affair cannot be appreciated.

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. It is no doubt true that the victim and accused belong to Batakva Navadhara, Tal.: Santrampur and they had been in relationship prior to the FIR. In such circumstances, considering the conduct of the accused and period of incarceration and non-possibility of early hearing of the appeal, 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 dated 06.11.2025 by the learned Special POCSO Judge and Additional Sessions Judge, Lunavada, Dist.: Mahisagar in Special POCSO Case No.15 of 2023 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 leave India without prior permission of this Cour