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.D.J. Prajapati, learned advocate, Ms.Jayshree Bhatt, learned advocate, learned advocate and Ms.Asmita Patel, learned APP for the respective parties.

3. By way of this application under Section 430 of Bharatiya Nagrik Suraksha Sanhita, 2023, the applicant – Sanketji Aka Shambhu Popatji Thakor, seeks suspension of sentence awarded to him by the Sessions Court concerned for the offence punishable under Sections 137(2), 87, 64(2), 65(1) of the BNS and Sections 4(2), 5(j-2), 6, 8, 12 of Protection of Children From Sexual Offences Act.

4. The present appeal and the application for suspension of sentence arise from the judgment dated 04.02.2026 and order of sentence passed in Special (POCSO) Case No. 60 of 2025, whereby, the applicant herein was convicted and sentenced as under:

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5. Facts and circumstances giving rise to file present application are that the minor victim and the accused due to their relations, remained in the company of each other from 09.06.2025 to 04.08.2025 and during their stay at different places, they maintained intimate relationship. On the basis of the FIR and upon filing of the chargesheet, the accused was tried for the charge and at the end of the trial, he came to be convicted.

6. Learned advocate Mr. D.J. Prajapati, appearing on behalf of the applicant while praying for suspension of sentence contended that, the age is in dispute as at the relevant time, according to the prosecution, she was about 17 years old. The complainant has now accepted the relations and has expressed their no objection if bail is granted.

7. On the other hand, Ms.Asmita Patel, learned Additional Public Prosecutor for the State has supported the impugned judgment and order of conviction as passed by the trial Court and contended that the victim was minor and defence as raised cannot be reviewed at this stage.

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, the accused and the victim remained together for a considerable time as husband and wife. In such circumstances, we are persuaded to exercise our discretion in favour of the applicant convict for the purpose of substantive order of sentence.

10. Accordingly, present application is allowed. Rule is made absolute to aforesaid extent. The sentence of the applicant awarded vide judgment dated 04.02.2026 by the learned 2nd Additional Sesions Judge and Special Judge (POCSO), Mehsana in Special (POCSO) Case No. 60 of 2025 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.