RAVAJI MAFAJI KOLI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Notice of rule waived by Ms. C.M. Shah, learned APP for and on behalf of respondent State.

(2.) Heard Mr. Mahendra U. Vora, learned advocate for the applicant. This application is filed praying for suspension of sentence imposed upon the applicant for offences punishable under S. 376 of Indian Penal Code as also under Sec. 4, 6 and 8 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as "POCSO Act") is ordered to undergo 10 years of imprisonment.

(3.) It is submitted that the age of the victim is 17 years, 5 months and 26 days. Even as per the prosecution case as such, according to the submission of learned Advocate for the applicant, the victim as also the applicant were in relation since about 5 years. In support of the said submission, drawing attention of the Court to the history given before the Doctor, not only by the victim but even by the accused, it is submitted that though consent is immaterial for an offence under Sec. 376 as also under the provisions of the "POCSO Act", fact remains that victim had reached the age of discretion. Therefore, it is submitted that out of volition both had eloped together and had physical relationship pursuant to an affair since last about 5 years. Therefore, it is submitted that the sentence imposed upon the applicant be suspended and he be released on bail.