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Judgment
Ilesh J. Vora, J
Rule. Learned APP waives service of Rule on behalf of respondent-State. By consent, Rule is fixed forthwith.
By way of this application under Section 430(1) of BNSS, 2023, the applicant Aliasgar Jalalludin Yusufshah, seeks suspension of sentence awarded to him by the Sessions Court concerned for the offence punishable under Sections 363, 366 and 376(2)(J)(N) of IPC and Sections 4, 6 and 12 of POCSO Act.
The present appeal and the application for suspension of sentence arise from the judgment dated 16.10.2025 and order of sentence passed in Special (POCSO) Case No.9 of 2024, whereby, the applicant herein was convicted and sentenced as under:
Section
Imprisonment
Fine
In default
S. 363 of IPC
RI for 03 years
3,000
SI for 03 months
S. 366 of IPC
RI for 05 years
5,000
SI for 03 months
S. 376(2)(J)
(N) of IPC
r/w. S.4 of POCSO Act
RI for 10 years
10,000
SI for 05 months
S. 6 of POCSO Act
RI for 20 years
25,000
SI for 06 months
S. 12 of POCSO Act
RI for 01 year
5,000
SI for 03 months
Facts and circumstances giving rise to file appeal as well as this application are that, the minor victim and applicant prior to the registration of the offence, were in relationship and there was a strong opposition in the family because the applicant belongs to minority community. Both the families entered into compromise with an understanding that, the applicant and his family would not come to Bharuch. However, after 3 months of compromise i.e. on 26.01.2024, the victim and the applicant met at Bharuch and eloped together. They stayed till 13.02.2024 and on the basis of FIR and chargesheet, the trial court proceeded to record the evidence and at the end of trial, the applicant was found guilty for the offences referred above.
Learned advocate Mr. Darshit Brahmbhatt, appearing on behalf of the applicant while praying for suspension of sentence contended that, the victim and accused were in relationship, but, due to the caste, the marriage could not be possible and despite of this, the victim remained in the company of the accused for a considerable time and therefore, considering the nature of relations and possible delay in adjudication of the appeal, the prayer may be allowed.
On the other hand, Mr. Bhargav Pandya, 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 her consent is of no consent in eye of law and therefore, in absence of any acceptable legal ground, the application may not be entertained.
Though served, none appears for respondent no.2.
Issue arises for our determination, as to whether the applicant has made out a case for suspension of sentence?
We have carefully examined the case records and considered the submissions made at the bar. We take notice of the fact that, prior to the offence, the victim and the applicant were in relationship and families of both the parties knowing about the said relationship. In such circumstances, without much discussion on merits of the case, imposing stringent conditions, we are persuaded to exercise our judicial discretion in favour of the applicant.
Accordingly, present application is allowed. Rule is made absolute to aforesaid extent. The sentence of the applicant awarded vide judgment dated 16.10.2025 by the learned Special Designated Judge (POCSO Court), Taluka: Ankleshwar, District: Bharuch in Special (POCSO) Case No.9 of 2024 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 enter into jurisdictional area of Ankleshwar GIDC Police Station for a period of two years and shall not contact the victim and her family members directly or indirectly and 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.