(Per : HONOURABLE MR.JUSTICE JAYANT PATEL) The present application has been preferred by the applicant-convict - appellant - original accused for suspension of sentence and regular bail, pending the appeal.
We have heard Ms. Farana Mansuri for Mr. Mehta learned advocate for the applicant and Ms. Shah learned APP for the State.
It appears that on the aspect of age of the girl, she was less than 16 years. Further, the sexual intercourse is proved, hence, the consent would be irrelevant. Under the circumstances, we find that, at the most, it may be a case for reduction of sentence when minimum sentence provided of 7 years. But, in any case, it will not be a case for suspension of sentence and regular bail, more particularly, when the offence under sec. 376 IPC is, in any case, proved on account of age of the girl as that of less than 16 years. Hence, the present application is dismissed.
[JAYANT PATEL, J.] [PARESH UPADHYAY, J.] mandora/ Top