SURESHBHAI @ SURO SARDULBHAI HADGARADA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Criminal Misc. Application has been preferred by the applicant-convict (i.e. the original accused) under the provisions of Sec. 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for suspension of sentence imposed upon him vide judgment and order of conviction and sentence dtd. 30/8/2025 passed by the learned 4th Additional Sessions Judge & Special Judge (POCSO), Amreli, in Sessions Case No.14 of 2025.

(2.) By the aforesaid judgment and order of conviction and sentence, the present applicant has been held guilty and convicted for the commission of offences punishable under Ss. 363 and 366 of the Indian Penal Code, and consequently, he has been sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.1.00 lakh, and in making default of payment of fine, to undergo further undergo simple imprisonment for 06 months. The trial court has also ordered the applicant-convict to pay compensation of Rs.80,000.00=00.

(3.) Learned advocate Mr.Malay Patel appearing for the applicant-convict, while taking this Court through the factual matrix of the case, has pointed out that the alleged incident had occurred on 28/8/2009 and the FIR came to be registered on 6/9/2009. He has submitted that after due investigation, the charge-sheet was filed on 14/3/2018, and thereafter, the trial court framed the charge against the applicant-convict on 11/4/2018. He has further submitted that after the examination and submissions from the complainant side commenced, the applicant-convict remained absconded, and the trial court, vide order dtd. 31/1/2025 passed below Exh.1 in Sessions Case No.14 of 2018, started recording the evidence of the witnesses in absence of the applicant-accused, as provided under Sec. 299 of the Code of Criminal Procedure.