The Gujarat High Court allowed an application for suspension of sentence, wherein the applicant was convicted vide judgment and order dated 14.12.2022 by the Additional Sessions Judge and Special Judge for the offences punishable under Section-363, 366, 376 of the Indian Penal Code and under Section 4 and 6 of the POCSO Act.
The Court observed that the applicant has no criminal history and considered the decision of Apex Court in the case of Bhagwan Rama Shinde Gosai v/s. State of Gujarat, his application ought to be allowed.
Brief Facts:
The Special case arose out of the FIR, wherein the offence was registered under Section-363 and 366 of the Indian Penal Code. During the course of the investigation, Section-376 of the Indian Penal Code and Sections 4 and 6 of the POCSO Act were added.
Contentions of the Applicant:
The Counsel for the Applicant submitted that the matter was of a love affair between the applicant, who was aged approximately 21 years, whereas the prosecutrix was also aged 17 years, 2 months, and 23 days as of the date of the offence. He argued that an applicant is a young person and that the Appeal is likely to consume some time and hence, the applicant be enlarged on permanent bail by suspending the sentence.
Contentions of the Respondent:
The Counsel for the Respondent opposed the grant of application and submitted that the ingredients of the offence are made out and based on cogent evidence, conviction has been recorded.
Observations of the Court
The Court remarked that perusal of the evidence of the prosecutrix indicates the element of a love affair at the relevant time and at that time, the applicant himself has aged 21 years approximately and the prosecutrix was aged 17 years. Evidence also indicates the manner and method, in which the applicant and the prosecutrix had met and had virtually resided as husband and wife, till they were apprehended.
The Court observed that the applicant has no criminal history and considered the decision of Apex Court in the case of Bhagwan Rama Shinde Gosai v/s. State of Gujarat, reported in (1999) 4 SCC 421, the present application requires consideration and the prayers in term of bail are allowed.
The decision of the Court:
The Gujarat High Court, allowing the application, held that the sentence imposed vide judgment and order dated 14.12.2022 by the Additional Sessions Judge and Special Judge is suspended pending hearing and final disposal of the Criminal Appeal.
Case Title: Ravi Hareshbhai Patni v State Of Gujarat
Coram: Hon’ble Justice A.Y. Kogje
Case no.: CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF SENTENCE) NO. 1 of 2023
Advocate for the Applicant: Mr. Bhavik R Samani
Advocate for the Respondent: Mr. Tirthraj Pandya
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