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.Bhavik Samani, learned advocate, Mr.Jay M. Thakkar, learned advocate and Mr.L.B. Dabhi, learned APP for the respective parties.

3. By way of this application under Section 430 of Bharatiya Nagrik Suraksha Sanhita, 2023, applicant – Paulis Alias Piyush Niranjanbhai Vasava, seeks suspension of sentence awarded to him by the Sessions Court concerned for the offence punishable under Sections 64(2)(i), 64(2)(m) of BNS and Sections 4, 5(J)(ii), 5(L), 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 15.10.2025 and order of sentence passed in Special POCSO Case No. 287 of 2024, 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 herein were came into contact due to their neighborhood and got acquainted with each other and maintained intimate relationship. It is the case of the prosecution that the victim was sexually abused during the period commencing from November-2022 to September-2024, as a result, she got pregnant. The accused under the false promise of marriage, maintained physical relationship with the accused. In such circumstances, the FIR came to be registered and upon filing of the chargesheet, the accused was put on trial and at the end, the Trial Court found him guilty for the offences, as referred above.

6. Mr.Jay Thakkar, learned counsel appearing for and on behalf of the private respondent, waives the service of notice. Registry is directed to accept his appearance. The sworn affidavit of the victim as well as the complainant are ordered to be placed on record.

7. Learned advocate Mr.Bhavik Samani, appearing on behalf of the applicant while praying for suspension of sentence contended that, the minority of the victim has not been proved and there was inordinate delay in lodging the FIR which creates a doubt in the prosecution case. In such circumstances, considering the factum of the affidavit of the victim and private respondent, it is submitted that the prayer may be considered.

8. Mr.Jay Thakkar, reiterating the contents of the affidavit, requested this Court to pass necessary order.

9. On the other hand, Mr.L.B. Dabhi, 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 the Trial Court has rightly convicted the accused and has not committed any error.

10. 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?

11. We have carefully examined the case records and considered the submissions made at the bar. In the facts of the present case, the victim belongs to minority community, whereas accused belongs to tribal. The marriage of the victim and accused could not be possible because of caste equation. In such circumstances, having regard to the peculiar facts and circumstances of the present case and subsequent development, after the conviction, without much discussions on merits of the case, we are persuaded to exercise our discretion in favour of the applicant convict for the purpose of substantive order of sentence.

12. Accordingly, present application is allowed. Rule is made absolute to aforesaid extent. The sentence of the applicant awarded vide judgme