HARSHADBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Learned APP Ms. Jirga Jhaveri, waives service of notice of rule for and on behalf of respondent- State of Gujarat.

(2.) Heard Ms. Renu Verma, learned advocate for the petitioner and Ms. Jirga Jhaveri, learned APP for the Respondent-State.

(3.) Ms. Renu Verma, learned Advocate for the petitioner submitted that though the petitioner is convicted for the offence under sec. 376 of the Indian Penal Code as also under Sec. 5(k)(l) of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'the POCSO Act'), the maximum punishment imposed is 10 years apart from conviction for several other offences and the sentence imposed upon him. The petitioner and victim were having relations and acquaintance since long. She has further submitted that the petitioner was aged about 21 years at the time of incident and victim was about 17 years and 6 months at the time of incident. According her submission, she has reached just nearby the age of discretion. Drawing the attention of the Court to the deposition of Doctor P.W. No-4. Rumi Shivashish Bhattacharya at Exh.18, more particularly, the history recorded by the said doctor of the victim and submitted that not only that they were in relation since long, they had physical relations on several occasions before about 1 year and 6 months from the date of incident. She has further submitted that victim as also the petitioner had stayed together for about one month. Therefore, she has further submitted that during the trial, the petitioner was on bail and the sentence imposed upon him may be suspended and he may be released on bail.