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NEUTRAL CITATION

R/CR.A/110/2026 IA ORDER DATED: 17/04/2026

0.3780915044478712

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

1 of 2026 In R/CRIMINAL APPEAL NO. 110 of 2026 ==========================================================

RAHULJI VIKRAMJI MANGAJI THAKOR Versus STATE OF GUJARAT & ANR.

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

Appearance:

JUCKY LUCKY CHAN(8033) for the PETITIONER(s) No. 1 HCLS COMMITTEE(4998) for the RESPONDENT(s) No. 2 MR YOGIN A BHAMBHANI(6444) for the RESPONDENT(s) No. 2

MR VINAY VISHEN, APP for the RESPONDENT(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA and

HONOURABLE MR. JUSTICE R. T. VACHHANI Date : 17/04/2026

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.Jucky Lucky Chan, learned advocate, Mr.Yogin Bhambhani, learned advocate and Mr.Vinay Vishen,

learned APP for the respective parties.

3. By way of this application under Section 430 of Bharatiya Nagrik Suraksha Sanhita, 2023, applicant – Rahulji Vikramji Mangaji Thakor, seeks suspension of sentence awarded to him by the Sessions Court concerned for the offence punishable under Sections 62(2)(m), 65(1), 87, 137(2) of BNS and Sections 4(2), 5(L), 6, 8 and 12 of Protection of Children From Sexual Offences

Act.

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NEUTRAL CITATION

R/CR.A/110/2026 IA ORDER DATED: 17/04/2026

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4. The present appeal and the application for suspension of sentence arise from the judgment dated 26.12.2025 and order of sentence passed in Special POCSO Case No. 34 of 2025, 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 accused aged about 21 years old were in relations and due to their relations, they stayed together for about three days and maintained intimate relationship. On the

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basis of the FIR and upon filing the chargesheet, the accused was tried and prosecuted.

6. Learned advocate Mr.Jucky Lucky Chan, appearing on behalf of the applicant while praying for suspension of sentence contended that, this is a case of love affair and incarceration period is 8 months and more and possibility of early hearing of the appeal is remote and bleak and therefore, it is submitted that the prayer

may be considered.

7. On the other hand, Mr.Vinay Vishen, learned Additional Public Prosecutor for the State and Mr.Yogin Bhambhani, learned advocate for the private respondent, have supported the impugned judgment and order of conviction as passed by the trial Court and contended that the victim was minor and having regard to the gravity of the offence, the prayer may not be

granted.

8. Having regard to the facts and circumstances of the case, the 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, since last one year from the date of the FIR, the victim and accused were in relations and out of love and affection, they stayed together for about three days. The accused was throughout on bail. There are no possibilities of early hearing of

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NEUTRAL CITATION

R/CR.A/110/2026 IA ORDER DATED: 17/04/2026

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the appeal. In such circumstances, by imposing stringent conditions, we are persuaded to exercise our