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. By way of this application under Section 430 of Bharatiya Nagarik Suraksha Sanhita, 2023, applicant, seeks suspension of sentence awarded to him by the Sessions Court concerned for the offence punishable under Section 323, 363, 506 of the Indian Penal Code and Section 6 of Protection of Children From Sexual Offences Act.

3. The present appeal and the application for suspension of sentence arise from the judgment dated 29.08.2025 and order of sentence passed in Special POCSO Case No.44 of 2022, whereby, the applicant herein was convicted and sentenced as under:

4. Facts and circumstances giving rise to file present application are that the FIR dated 25.01.2022, for the offence occurred between 25.01.2020 to 25.01.2022 came to be registered against the applicant accused. In the FIR, the mother of the victim stated that, her daughter was forcefully kidnapped by the accused on 25.01.2022 and taken to the secluded place, where she was sexually exploited and harassed. On the basis of FIR and chargesheet, the trial Court at the conclusion of trial, found guilt the accused for the offences referred above.

5. Learned advocate Mr. Maulik Soni, appearing on behalf of the applicant while praying for suspension of sentence contended that, the parties belonged to tribal and prior to FIR, the victim was in relations with the accused and due to opposition from the family, story as projected in the FIR being disclosed by the mother, which clearly proved that, the accused was falsely implicated in the crime. The accused was throughout on bail and there are no chances of early hearing of the appeal. In such circumstances, it is prayed that the prayer may be considered.

6. On the other hand, Mr. Jay Mehta, 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 defense as stated, cannot be considered at this stage and therefore, it is submitted that, the application may not be entertained.

7. Though served, no body appears on behalf of respondent no. 2.

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 parties are belonged to tribal and before the FIR, since last 2 years, the victim and accused were in relations. We have also considered the 164 statement of the victim. In such circumstances, having regard to the delay factor in adjudication of the appeal and nature of relations, 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 29.08.2025 by the learned Special (POCSO) Judge, Chhotaudepur at Bodeli, in Special (POCSO) Case No. 44 of 2022 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 Court and shall appear before this court as and when appeal is taken for final hearing and shall not change his address and in case of change in address, shall inform to the concerned police station as well as to this Court. Direct service permitted.