Rahul Kushwaha v. State of Up and 4 Others

Allahabad HC14 Nov 2025CRLA/1286/2024

Case brief

AI extract

What is this about?

Allahabad HC; CRLA/Criminal Appeal No. 1286 of 2024; Rahul Kushwaha v. State of U.P. & 4 Ors.; Manoj Bajaj, J.; 14.11.2025; suspension of sentence made absolute; trial court order dated 5.1.2024 (Additional Sessions Judge/Special Judge POCSO, Prayagraj; ST No. 137/2015; Crime No. 536/2015; P.S. Dhoomanganj) upheld pending appeal; Sections 354-D, 363/511 IPC; Sections 7/8, 8 POCSO Act 2012; no opinion on merits; appeal listed in due course; counsel: Amarnath Tiwari, Ramendra Nath Tiwari, Shambhavi Tiwari (appellant); G.A., Saurabh Chaturvedi (respondents).

What did the court decide?

Suspension-of-sentence application allowed; trial court's order dated 5.1.2024 suspending the sentence of the applicant-appellant made absolute, without any expression of opinion on the merits of the appeal. ¶¶18

Rahul Kushwaha vs State of Up and 4 Others — Child Sexual Offences (POCSO) | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the concession of suspension of sentence granted by the trial court should be extended to the applicant-convict and the suspension order made absolute while the appeal awaits maturity for final hearing.

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Court's answer

This Court was of the opinion that the appeal may not get mature for final hearing in the near future, and therefore the concession of suspension of sentence deserved to be extended to the applicant-convict.

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Ratio / Principle

Without expressing any opinion on the merits of the appeal, the Court allowed the suspension-of-sentence application and made absolute the trial court's order dated 5.1.2024 suspending the sentence of the applicant-appellant.

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Detailed headnote1 paragraphs

Allahabad High Court (Manoj Bajaj, J.), November 14, 2025, Criminal Appeal No. 1286 of 2024 — Rahul Kushwaha v. State of U.P. and 4 Others: On the suspension-of-sentence application in an appeal against conviction dated 5.1.2024 by the Additional Sessions Judge, Court No.3, Prayagraj (Sessions Trial No. 137 of 2015; Case Crime No. 536 of 2015, P.S. Dhoomanganj, Prayagraj) under Sections 354-D, 363/511 I.P.C. and Section 7/8 Protection of Children from Sexual Offences Act, 2012, with a maximum sentence of rigorous imprisonment for three years under Section 8 POCSO Act alongwith fine, the Court noted that the trial court had already suspended the sentence till expiry of the limitation period for filing the appeal, that no one appeared for the complainant despite service, and that the learned AGA did not dispute the existing suspension. Holding that the appeal may not mature for final hearing in the near future, the Court, without expressing any opinion on the merits, allowed the application and made absolute the trial court's suspension order dated 5.1.2024; the appeal itself was ordered to be listed in due course.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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CRIMINAL APPEAL No. - 1286 of 2024

Rahul Kushwaha

.....Appellant(s)

Versus

State Of Up And 4 Others	.....Respondent(s)
Counsel for Appellant(s)	: Amarnath Tiwari, Ramendra Nath Tiwari, Shambhavi Tiwari
Counsel for Respondent(s)	: G.A., Saurabh Chaturvedi
Court No.- 50

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HON'BLE MANOJ BAJAJ, J.

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(Order on Appeal)

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List this appeal in due course.

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(Order on Suspension of Sentence Application)

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Applicant-Appellant, namely, Rahul Kushwaha stands convicted through judgment dated 5.1.2024 passed by Additional Sessions Judge, Court No.3, Prayagraj in Sessions Trial No. 137 of 2015, arising out of Case Crime No. 536 of 2015, under Sections 354-D, 363/511 I.P.C. and Section 7/8 Protection of Children from Sexual Offences Act, 2012, registered at Police Station Dhoomanganj, District Prayagraj, who has been sentenced for commission of various offences alongwith fine.

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Learned counsel for applicant submits that the judgment of conviction dated 5.1.2024 is not based upon the correct appreciation of evidence as material discrepancies in the prosecution case have been ignored by the trial court. Learned counsel submits that applicant has been sentenced for commission of different offences, who has been inflicted with a maximum sentence of rigorous imprisonment for three years under Section 8 Protection of Children from Sexual Offences Act, 2012 alongwith fine. Learned counsel has drawn the attention of the Court to the order dated 5.1.2024 passed by Additional Special Judge (P.O.C.S.O. Act), Prayagraj to contend that the trial court after convicting the applicant had suspended his sentence till the expiry of the limitation period provided for filing the appeal.

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Despite service, no one has appeared on behalf of complainant.

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While opposing the prayer, learned AGA has not disputed the fact that the sentence imposed upon the applicant already stands suspended by the trial court vide order dated 5.1.2024.

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CRLA No. 1286 of 2024

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After hearing the learned counsel for the parties and considering the above background, this Court is of the opinion that the appeal may not get mature for final hearing in near future, therefore, the concession of suspension of sentence deserves to be extended to the applicant- convict.

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Resultantly, without meaning any expression of opinion on the merits of the appeal, the application is allowed and the order dated 5.1.2024 passed by the trial court suspending the sentence of the applicant-appellant is hereby made absolute.

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(Manoj Bajaj,J.)

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November 14, 2025

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Raj

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Digitally signed by :- RAJ KUMAR High Court of Judicature at Allahabad

Rahul Kushwaha v. State of Up and 4 Others

Case brief

What is this about?

What did the court decide?

Rahul Kushwaha v. State of Up and 4 Others

Case brief

What is this about?

What did the court decide?

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What the court decided

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