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

NO. 1 of 2025 In R/CRIMINAL APPEAL NO. 3151 of 2025 ================================================================

AALESH VIPUL SHAH Versus STATE OF GUJARAT & ANR.

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Appearance:

MR JM PANCHAL, SR. ADVOCATE WITH MR SANKUL K KABRA(9304) for the Applicant MS KRUTI SHAH, ADVOCATE WITH MR JAY N SHAH(10668) for the RESPONDENT No. 2 MR HARDIK DAVE, LD PP WITH MR. JK SHAH, APP for the RESPONDENT No. 1 ================================================================

CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA and HONOURABLE MR. JUSTICE R. T. VACHHANI Date : 05/03/2026

IA ORDER

(PER : HONOURABLE MR. JUSTICE ILESH J. VORA)

1. We have heard learned Senior Counsel Mr. J.M.

Panchal assisted by Mr. Sankul Kabra, learned advocate appearing for and on behalf of the applicant accused, Mr. Hardik Dave, learned Public Prosecutor assisted by Mr. J.K. Shah, learned APP for the State and Ms. Kruti Shah, learned advocate with Mr.Jay Shah, learned advocate appearing for and on behalf of the original complainant.

2. The applicant – original accused no.2 Aalesh Shah is convicted by the Sessions Court for the offences mentioned in Para-3 of this order.

3. The present appeal and the application for suspension of sentence arise from the judgment dated 21.11.2025 and order of sentence passed in Special POCSO Case No.182 of 2023, whereby, the applicant herein convicted and sentenced as under:

4. Facts and circumstances giving rise to file present application are as follows;

4.1 The applicant and accused no. 1 Rajendra Dave were being prosecuted and tried by the offence of rape and sexual abuse as provided under the POCSO Act. Both the accused are different persons and on different dates and time, the victim was sexually abused by them. In these background facts, an FIR against two accused persons viz. Rajendra Dave and applicant herein Aalesh Shah came to be filed by the mother of the victim with Maninagar Police Station, Ahmedabad, inter alia stating that her daughter was subjected to penetrative sexual assault and sexual harassment by the both the accused when the victim used to visit their house. So far as accused Rejendra Dave is concerned, it was stated that for the period from 12.06.2014 to 15.07.2017, the prosecutrix who at the relevant time, was in 4^th Standard, the accused Rajendra Dave engaged into penetrative sexual assault with the victim and it was continued till July 2017 and during the said period, for so many times, she was subjected to aggravated penetrative assault and the same act was not revealed by her because of threat administered by the accused Rajendra Dave.

4.2 So far as applicant original accused no.2 Aalsesh Shah is concerned, it was alleged that the accused being a cousin brother, had sexually abused the victim child in the year 2016, when she was in 5^th Standard. She was subjected to sexual assault and aggravated penetrative assault at the house of the accused Aalesh when she went to his house for three days’ vacation and thereafter, in the same year, for the celebration of Raksha Bandhan and Diwali Festivals, when the family assembled at the house of the accused Aalesh Shah, she was subjected to aggravated penetrative sexual assault under the one and other pretext of seeing movie on the laptop, etc.

4.3 It was further stated by the complainant in the FIR that in the month of May-2023, the accused Rajendra Dave was residing near he her house, had tried to call upon the victim at his home, as a result, the victim went into depression, and upon further inquiry, it was disclosed by the victim that she was subjected to sexual assault by the accused Rajendra Dave and Aalesh Shah and at the relevant time, she was not knowing about the act allegedly done by the accused and after passing 12^th Standard, she understood what was done with her by the accused.

4.4 In such circumstances, on 27.07.2