Govinda S/O Kalasingh Vs State of Rajasthan — Child Sexual Offences (POCSO) | Rajasthan HC (2025)

Govinda S/O Kalasingh Vs State of Rajasthan — Child Sexual Offences (POCSO) | Rajasthan HC (2025)

What the court decided

AI extract

Outcome

Third suspension-of-sentence application allowed: sentence of appellant Govinda S/o Kalasingh suspended till disposal of S.B. Criminal Appeal No. 646/2021. Conditions: personal bond ₹50,000 with two sureties of ₹25,000 each to the satisfaction of the learned trial Judge; appearance before this Court on 16.07.2025 and whenever ordered till disposal of the appeal; no direct or indirect contact with the victim or any family member; no criminal activity or repetition of crime; monthly attendance (first Monday) at concerned Police Station with SHO forwarding attendance certificate to Trial Court; appearance before Trial Court every January till appeal decided; written notice of changed address of appellant and sureties to trial Court (and, for appellant, to counsel in the High Court). Violation of any condition results in recall and cancellation of the suspension. Misc. Application stands disposed of; copy of order to be sent to trial court by e-mail.

Issue for consideration

Whether appellant-accused Govinda, having already undergone more than half of the maximum ten-year sentence (custody certificate indicating over 55%), is entitled to release through suspension of sentence pending disposal of his appeal, in view of the Supreme Court judgment relied on by counsel.

Court's answer

Having regard to the Supreme Court judgment in Atul @ Ashutosh v. State of Madhya Pradesh and the appellant's period of incarceration, the Court found it appropriate to allow the third suspension-of-sentence application solely on the ground of period of incarceration.

Ratio / Principle

As per the custody certificate, the appellant had undergone more than 5 years 6 months and 14 days against a maximum sentence of 10 years, i.e., more than 55% of the total sentence — the quantitative basis for the grant.

Key takeaways

The Court ordered suspension of the appellant's sentence till disposal of the appeal, conditioned on a personal bond of ₹50,000 with two sureties of ₹25,000 each to the satisfaction of the trial Judge, appearance before this Court on 16.07.2025 and whenever ordered, together with further conditions: no direct or indirect contact with the victim or her family; no criminal activity or repeat offence; monthly attendance (first Monday of month) at the concerned Police Station with certificate forwarded to the Trial Court; appearance before the Trial Court each January till the appeal is decided; written notification of changed residence of appellant and sureties; violation of any condition leading to recall and cancellation of the suspension.ratio¶28

Detailed headnote1 paragraphs

RAJASTHAN HIGH COURT (JAIPUR BENCH) — Order dated 02/04/2025 (Hon'ble Mr. Justice Ashok Kumar Jain). S.B. Criminal Misc 3rd Suspension Of Sentence Application (Appeal) No. 552/2025 in S.B. Criminal Appeal No. 646/2021: appellant-accused Govinda S/o Kalasingh, convicted on 05.02.2021 by the learned Special Judge (POCSO Act Cases) No.4, Alwar in Sessions Case No. 60/2018 under Sections 363, 366-A IPC and 5(L)/6 POCSO Act (maximum punishment ten years with fine of ₹25,000/-), obtained suspension of sentence at the third attempt, after refusals on 31.01.2023 (first application) and 31.05.2024 (second application). Ground of grant: custody certificate showing service of more than 5 years 6 months and 14 days, exceeding 55% of the maximum ten-year sentence, weighed together with the Hon'ble Supreme Court judgment in Atul @ Ashutosh Vs. State of Madhya Pradesh (Criminal Appeal No. 579 of 2024, order dated 02.02.2024); the Court allowed the application solely on the ground of period of incarceration. Sentence suspended till disposal of the appeal on execution of a personal bond of ₹50,000/- with two sureties of ₹25,000/- each, appearance before this Court on 16.07.2025, monthly police-station reporting (first Monday), annual January appearance before the Trial Court, abstention from contact with the victim and her family and from criminal activity, and address-change notices; breach of any condition entails recall and cancellation.

[2025:RJ-JP:14949]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Misc 3^rd Suspension Of Sentence Application (Appeal) No. 552/2025

in

S.B. Criminal Appeal No. 646/2021

Govinda S/o Kalasingh, R/o Danganhedi, Thana Tapukara District Alwar (Raj) (At Present Confined In Central Jail Alwar Rajasthan )

----Petitioner

Versus

State Of Rajasthan, Through Public Prosecutor

----Respondent

For Petitioner(s)	: Mr.	Anuj Kaushik, Advocate
	Mr.	Vivek Gaur,Advocate
For Respondent(s)	: Mr.	VijaySingh Yadav,PP

HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 02/04/2025

Instant third application for suspension of sentence is preferred by appellant-accused Govinda, aggrieved from order of conviction and sentence dated 05.02.2021 in Sessions Case No. 60/2018 passed by learned Special Judge (POCSO Act Cases) No.4, Alwar, whereby the appellant was convicted under Sections 363, 366-A IPC and 5(L)/6 POCSO Act. The maximum punishment under Section 376 of IPC and Section 5(L)/6 of POCSO Act awarded was ten years with a fine of ₹25,000/-. 2. First application for suspension of sentence was dismissed by this Court on 31.01.2023, whereas second application for suspension of sentence was dismissed on 31.05.2024. Now, third application for suspension of sentence is preferred by appellantaccused.

[2025:RJ-JP:14949]

[SOSA-552/2025]

(2 of 4)

Learned counsel for appellant while referring the judgment in case of Atul @ Ashutosh Vs. State of Madhya Pradesh (Criminal Appeal No. 579 of 2024 order dated 02.02.2024)

has submitted that the appellant-accused has already undergone more than 5 years of sentence which is 50% of the maximum punishment awarded to appellant, therefore, he is entitled to be released on bail. He also submits that in near future there is no likelihood that the appeal be considered on merits. At last, he submitted that appellant has a strong case to succeed in the appeal and in case, if appellant is not released then his chances to succeed in appeal may be vanished.

Aforesaid contentions were opposed by learned Public Prosecutor and he submitted the custody certificate along with report received from concerned police station. 5. Heard learned counsel for appellant-accused and Public Prosecutor.

On the basis of a written complaint submitted by PW-2 mother of victim, F.I.R. No. 65/2018 under Sections 363 and 366A IPC and 7/8 POCSO Act was registered at P.S. Tapukara, District Alwar. After investigation, police has filed a charge-sheet under Sections 363, 366-A, 376 IPC and 3/4 POCSO Act against the appellant-accused.

During trial victim was examined as PW-1 and learned Special Judge, POCSO Act Cases, No.4, Alwar has convicted present appellant-accused under Sections 363, 366-A, 376 IPC and 5(L)/6 POCSO Act. The maximum sentence awarded to appellant is 10 years under Section 5(L)/6 POCSO Act. On basis of deposition of PW-4 Sonam, School Principal who exhibited Exs. P.8

[2025:RJ-JP:14949]

[SOSA-552/2025]

(3 of 4)

and P.9, the date of birth of victim was determined as 02.03.2002 and age of victim was between 16-18 years. As per custody certificate, the appellant has undergone more than 5 years 6 months and 14 days whereas maximum sentence awarded to appellant is 10 years, thus, the appellant has undergone more than 55% of total sentence.

As per police record, four other cases were registered against the appellant and according to learned counsel for appellant in some of them the appellant has already been acquitted.

Having considered the judgment of Hon’ble Supreme Court in case of Atul @ Ashutosh Vs. State of Madhya Pradesh (supra) and also the period of incarceration, it is appropriate to allow instant third application for suspension of sentence only on the ground of period of incarceration.

In view of discussion made hereinabove, the third suspension of sentence application is hereby allowed and it is ordered that sentence of appellant-applicant accused Govinda S/o Kalasingh is suspended till disposal of appeal with the condition that he would execute a personal bond in the sum of ₹50,000/- with two sureties of ₹25,000/- each to the satisfaction of the learned trial Judge for his appearance in this Court on 16.07.2025 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

That the appellant accused shall not contact

or connect directly or indirectly with victim or any of her family member.

(4 of 4)

[2025:RJ-JP:14949]

[SOSA-552/2025]

That the appellant accused shall not indulge in any criminal activity and not repeat crime of any nature during period of suspension of sentence/bail.

That the appellant accused shall mark his attendance once in a month (on first Monday of the month) at concerned Police Station and the Station House Officer of the Police Station shall forward the attendance certificate to the Trial Court.

That the appellant will appear before the Trial Court in the month of January of every year till the appeal is decided.

That if the appellant changes the place of residence, he will give in writing his changed address to the trial Court as well as to the counsel in the High Court.

Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court.

In case, the appellant has violated any condition then the order of suspension of sentence shall be recalled and cancelled. 11. Misc. Application stands disposed of.

A copy of this order be sent to learned trial court through E- mail.

(ASHOK KUMAR JAIN),J

MONU /30