LILABEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Leave Granted

(2.) This appeal is at the instance of the mother of a minor, who was a victim of sexual assault in connection with which a First Information Report, bearing particulars - No.11215003220383, PS Anklav, District Anand, under Ss. 363, 366 of the Indian Penal Code, 1860 and Sec. 18 of the Protection of Children from Sexual Offences Act, 2012 ['POCSO Act'], was registered. After investigation, the accused person, who is Respondent No.2 before this Court, was convicted by the Trial Court [Special POCSO Judge and Additional Sessions Judge, Anand at Anand in Sp. POCSO Case No. 66 of 2022]. The sentence handed down to him was as under :

(3.) He approached the High Court seeking suspension of sentence., [Criminal Misc Application (for Suspension of Sentence) No. 1 of 2024, in R/ Criminal Appeal No. 1434 of 2024] The Learned Division Bench observed that the age of the victim is in doubt. The records of the Panchayat and the Birth Certificate were produced before the Trial Court; however, the person who produced them, i.e., PW-7, had no personal knowledge thereof, rendering the entry in the register suspect without proof of the source of such information. The sentence was, therefore, suspended pending the outcome of the criminal appeal. He was directed to be released on bail on furnishing bond of Rs.10,000.00 with one surety thereto subject to the satisfaction of the Trial Court and on the condition that he shall not leave India without permission of the High Court; that he shall not enter Village Asodar, Taluka Anklav, District Anand, for a period of two years, and that he shall not change his address. In case he does, it was directed that both the concerned police station and the High Court were to be informed.