Toni Alias Devendra Son of Shri Pradeep Vs… — Child Sexual Offences (POCSO) | Rajasthan HC (2026)

Toni Alias Devendra Son of Shri Pradeep Vs… — Child Sexual Offences (POCSO) | Rajasthan HC (2026)

What the court decided

AI extract

Outcome

Suspension of execution of the sentence (maximum twenty years rigorous imprisonment with fine) during the pendency of S.B. Criminal Appeal No.2064/2022, conditional on furnishing a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned Trial Court, and appearance before this Court on 09.03.2026 and thereafter as and when called upon.

Issue for consideration

Whether the sentence awarded to the applicant-appellant (maximum twenty years rigorous imprisonment with fine, imposed by the Special Judge, POCSO/CPCR Act, Karauli, in Sessions Case No.31/2020) should be suspended during the pendency of S.B. Criminal Appeal No.2064/2022.

Court's answer

Taking into consideration the conviction, the term of sentence and the submissions made at bar, and without commenting upon the merits of the case, the Court deemed it just and proper to suspend the sentence awarded to the applicant-appellant during the pendency of the appeal.

Ratio / Principle

The execution of the sentence awarded by the Trial Court shall remain suspended during the pendency of the appeal, provided the appellant furnishes a personal bond of Rs.50,000/- together with two sureties of Rs.25,000/- each, with the stipulation that he appear before this Court on 09.03.2026 and thereafter as and when called upon.

Detailed headnote1 paragraphs

Suspension of sentence granted: Rajasthan High Court, Jaipur Bench (Hon'ble Mr. Justice Vinod Kumar Bharwani), by order dated 09/02/2026 in S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1578/2025, preferred under Section 430 of B.N.S.S. along with S.B. Criminal Appeal No.2064/2022, allowed suspension of the sentence (maximum period of twenty years rigorous imprisonment with fine) awarded to the appellant Toni Alias Devendra Son Of Shri Pradeep by the Court of Special Judge, Protection of Children from Sexual Offences Act, 2012 & Commission for Protection of Child Rights Act, 2005, Karauli (Raj.), vide its judgment dated 10.08.2021 in Sessions Case No.31/2020, without commenting upon the merits of the case. The applicant had been behind bars for more than six years and, despite intimation being served on the victim/complainant, no one appeared on their behalf. Execution of the sentence was suspended during the pendency of the appeal, provided the appellant furnishes a personal bond of Rs.50,000/- together with two sureties of Rs.25,000/- each, to the satisfaction of the learned Trial Court, with the stipulation that he appear before this Court on 09.03.2026 and thereafter as and when called upon.

[2026:RJ-JP:5865]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Misc Suspension Of Sentence Application (Appeal)

No. 1578/2025

In

S.B. Criminal Appeal No.2064/2022

Toni Alias Devendra Son Of Shri Pradeep, Aged About 25 Years, R/o Karamchari Colony Gangapur City, At Present C-131, Vijay Nagar Vistar Behind Laxmi Bhatta Near Chhoti Masjid Agra Road Jaipur Police Station Kanota District Jaipur (Raj) (At Present Confined In Central Sewar Bharatpur)

----Appellant

Versus

State Of Rajasthan, Through P.P.

----Respondent

For Appellant(s) : Mr. Govind Prasad Rawat For Respondent(s) : Mr. Jaiprakash Tiwari, PP with Mr. Gaurav Gupta, PP

HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

Order

09/02/2026

Instant application for suspension of sentence has been preferred on behalf of the applicant-appellant under Section 430 of B.N.S.S. alongwith the appeal, to suspend the sentence awarded by the Court of Special Judge, Protection of Children from Sexual Offences Act, 2012 & Commission for Protection of Child Rights Act, 2005, Karauli (Raj.) vide its judgment dated 10.08.2021, in Sessions Case No.31/2020, whereby the applicantappellant was convicted for the alleged offence(s) & sentenced to undergo maximum period of twenty years rigorous imprisonment with fine.

[2026:RJ-JP:5865]

[SOSA-1578/2025]

(2 of 3)

Learned counsel appearing for the applicant-appellant submits that the applicant is behind the bars for more than six years. Counsel further submits that the appellant has a sufficient grounds for acquittal. Counsel further submits that the learned Trial Court has not appreciated the facts and circumstances of the case holistically and the hearing of the appeal will take its own time, hence, the sentence awarded to the applicant-appellant may be suspended during the pendency of the appeal.

It is hereby noted that despite intimation being served on victim/complainant, no one has appeared on behalf of complainant/victim.

Learned Public Prosecutor has vehemently opposed the submissions made herein-above.

Heard learned counsel for the parties and perused the material made available on record.

Taking into consideration the conviction, term of sentence & the submissions made at bar and without commenting upon the merits of the case, this Court deems it just and proper to suspend the sentence awarded to the applicant-appellant during the pendency of the appeal.

Accordingly, the application for suspension of sentence is allowed and it is, hereby, ordered that the execution of sentence awarded to accused-applicant, namely Toni Alias Devendra Son Of Shri Pradeep, by the learned Trial Court shall remain suspended during pendency of the appeal, provided he furnishes a personal bond in the sum of Rs.50,000/- together with two sureties of Rs.25,000/- each, to the satisfaction of the learned

[2026:RJ-JP:5865]

[SOSA-1578/2025]

(3 of 3)

trial Court with the stipulation that he shall appear before this Court on 09.03.2026 and thereafter, as and when he is called

upon to do so.

(VINOD KUMAR BHARWANI),J

SAURABH /28