The court may exercise judicial discretion to suspend a sentence pending appeal by considering peculiar social circumstances, such as caste dynamics and subsequent developments, even in cases involving serious offences under the BNS and POCSO Act.

Modification of IA Order dtd.

R/CR.A/455/2026 2 8 / 0 4 / 2 0 2 6 i n R / C R . A / 4 5 5 / 2 0 2 I6A ORDER DATED: 04/05/2026

IA ORDER

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

Upon hearing learned advocate for the applicant, the discrepancies pointed out in the Note for Speaking to Minutes deserve to be corrected. It is, therefore, directed that in Line no.3 of Para-4 as well as in Line No.5 of Para-5 of the order dated 28.04.2026 passed in Criminal Misc. Application No.1 of 2026 in Criminal Appeal No.455 of 2026, Special POCSO Case number i.e. “287 of 2024” be corrected and read as “278 of 2024”.

Fresh writ be issued. The Note for Speaking to Minutes is disposed of accordingly.

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:

25,000

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,