DINESH SHANKARBHAI BAWRI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application has been filed under Sec. 389 of Cr. P.C., by the applicant - appellant, seeking suspension of his sentence pending Criminal Appeal No.925 of 2020 arising out of the judgment and order dtd. 4/8/2020 passed by the learned Additional Sessions Judge (Special), Ahmedabad (Rural), Mirzapur, Ahmedabad in Special POCSO Case No.15 of 2017.

(2.) Heard learned Advocate Mr. Nitin Gandhi, learned advocate for the applicant - appellant and Mr. J.K.Shah, learned Additional Public Prosecutor for the State.

(3.) Learned advocate appearing for the applicant has taken us through the deposition of the prosecutrix PW-2 Exh.16, her friend PW-1 Exh.14 and Medical Officer, Dr. Bhairavi Dipak Joshi PW-3 Exh.20 and submitted that the allegation levelled against the applicant about having physical relation and compelling the prosecutrix for abortion of child is not proved by the prosecution. He would submit that it is not in dispute that at the time of lodgment of FIR, she was major and stated that she has relationship with the applicant since last two years.