LAWS(GJH)-2020-9-590

RANJANBEN Vs. STATE OF GUJARAT

Decided On September 25, 2020
RANJANBEN Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) Present application, under section 389 of the Criminal Procedure Code, 1973 (hereinafter referred to as the "Code") has been filed by the applicant - convict for suspension of sentence imposed upon the applicant by judgment and order dated 04.08.2020, passed by the learned Special Judge, City Civil & Sessions Court, Court No. 10, Ahmedabad in Special (POCSO) Case No. 148 of 2015, pending main appeal.

(2.) Heard, learned advocate Mr. Jagat Patel for the applicant and learned APP Mr. H. K. Patel for the respondent - State through video conference.

(3.) The applicant - convict viz. Ranjanben @ Roshni W/o Ashwinbhai Kishanbhai Makwana was tried by the learned Special Judge for the offence punishable under Sections 363 , 366 , 366(A) , 376 , 372 , 373 , and 114 of the Indian Penal Code, 1860 (hereinafter referred to as the " IPC ") and Sections 3 , 4 , 8 and 17 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the "POCSO") and consequent thereto, convicted, and sentenced to undergo rigorous imprisonment (RI) for five years and a fine of Rs.1,000/- and in default, to undergo further RI for one month for the offence punishable under Section 363 of the IPC; to undergo rigorous imprisonment (RI) for five years and a fine of Rs.2,000/- and in default, to undergo further RI for two months for the offence punishable under Section 366 of the IPC; to undergo rigorous imprisonment (RI) for five years and a fine of Rs.2,000/- and in default, to undergo further RI for two months for the offence punishable under Section 366(A) of the IPC. All the sentences are ordered to be run concurrently.