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NEUTRAL CITATION

R/CR.A/1614/2023 IA ORDER DATED: 30/03/2026

0.8910137043829275

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF

SENTENCE) NO. 2 of 2025 In R/CRIMINAL APPEAL NO. 1614 of 2023 ==========================================================

MAHESH @ MAYLO S/O VINUBHAI THAKORE Versus STATE OF GUJARAT & ANR.

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Appearance:

TAHIR S SAIYED(8983) for the PETITIONER(s) No. 1 NOTICE SERVED for the RESPONDENT(s) No. 2 MS.C.M.SHAH, APP for the RESPONDENT(s) No. 1

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CORAM:HONOURABLE MS. JUSTICE S.V. PINTO Date : 30/03/2026

IA ORDER

1] RULE. Learned Additional Public Prosecutor waives service

of rule on behalf of the respondent No. 1 – State.

2] This application is filed by the applicant for suspension of sentence in connection with the conviction recorded vide judgment and order dated 04-05-2023 by the learned Additional Sessions Judge, Ahmedabad (Rural) in Special (POCSO) Case No. 9 of 2018, whereby, the applicant was convicted for the offences under Sections 363, 366 and 376 of the Indian Penal Code, 1860 and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 and sentenced to rigorous imprisonment for seven (07) years and fine of Rs.500/- and in default rigorous imprisonment for three (03) months for the offence under Section

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NEUTRAL CITATION

R/CR.A/1614/2023 IA ORDER DATED: 30/03/2026

0.8910137043829275

363 of the IPC, rigorous imprisonment for ten (10) years and fine of Rs.500/- and in default rigorous imprisonment for three (03) months for the offence under Section 366 of the IPC, rigorous imprisonment for ten (10) years and fine of Rs.500/- and in default rigorous imprisonment for three (03) months for the offence under Section 376 of the IPC and Sections 4 and 6 of the POCSO Act. All

the sentences were ordered to run concurrently.

3] Heard learned advocate Mr. Tahir Saiyed for the applicant and learned Additional Public Prosecutor Ms. C.M.Shah for the respondent No. 1 – State. Notice was issued, the respondent No. 2 has appeared before this Court on 05-02-2026 and submits that he does not want to engage an advocate on his

behalf.

4] Learned advocate Mr. Tahir Saiyed appearing for the applicant submits that the applicant and the victim were in a relationship and of her own free will, the victim left the company of her parents and joined the company of the applicant as both intended to get married. It is submitted that in her statement recorded under Section 164 of the Code of Criminal Procedure, 1973, the victim herself has stated that she and the applicant were having a love affair and that they had gone to a temple and, as it

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NEUTRAL CITATION

R/CR.A/1614/2023 IA ORDER DATED: 30/03/2026

0.8910137043829275

had become late, she was afraid and they stayed at the bus stand, and thereafter proceeded to Dwarka temple and other places. It is further submitted that even before the Medical Officer, the victim, while giving the history, has stated that she had a consensual relationship with the applicant. The prosecution case is that the victim was a minor aged about 15 years and 6 months; however, no independent documentary evidence has been produced by the prosecution to establish the age of the victim. The only material relied upon is the School Leaving Certificate of the victim produced at Exh. 12 in the deposition of the complainant along with the extract of the General Register of the school, wherein the entry regarding the date of birth has been made on the basis of the School Leaving Certificate of the earlier school attended by the victim. It is, therefore, submitted that the age of the victim is not

duly proved and the appli