Kailash S/O Mohan Singh Vs State of Rajasthan — Child Sexual Offences (POCSO) | Rajasthan HC (2026)

Kailash S/O Mohan Singh Vs State of Rajasthan — Child Sexual Offences (POCSO) | Rajasthan HC (2026)

What the court decided

AI extract

Outcome

Application for suspension of sentence allowed: execution of the sentence imposed by the learned Trial Court suspended during pendency of the appeal, subject to 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 16.05.2026 and thereafter as and when called upon.

Issue for consideration

Whether the sentence awarded to the applicant-appellant (Kailash) should be suspended during the pendency of S.B. Criminal Appeal No.3263/2023, on his application under Section 430 of B.N.S.S. filed alongwith the appeal.

Court's answer

Taking into consideration the conviction, 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

Execution of the sentence awarded to accused-applicant Kailash S/o Mohan Singh by the learned Trial Court shall remain suspended during pendency of the appeal, provided he 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 shall appear before this Court on 16.05.2026 and thereafter as and when called upon.

Detailed headnote1 paragraphs

Rajasthan High Court, Jaipur Bench (Vinod Kumar Bharwani, J.) — S.B. Criminal Misc. Suspension of Sentence Application (Appeal) No.268/2026 in S.B. Criminal Appeal No.3263/2023. The applicant-appellant, Kailash, convicted by the Court of learned Special Judge, Protection of Children from Sexual Offences Act, 2012 and the Commission for Protection of Child Right Act (2005), Karauli (Raj.), vide judgment dated 02.09.2023 in Sessions Trial Case No.87/2022, and sentenced to undergo a maximum period of twenty years rigorous imprisonment with fine, moved an application under Section 430 of B.N.S.S. for suspension of sentence during pendency of the appeal. Held: without commenting upon the merits of the case, and considering the conviction, term of sentence and submissions at bar, the execution of sentence shall remain suspended during pendency of the appeal, subject to the applicant 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 appearing before the Court on 16.05.2026 and thereafter as called upon. Application allowed.

[2026:RJ-JP:16021]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Misc. Suspension Of Sentence Application (Appeal) No. 268/2026

In

S.B. Criminal Appeal No.3263/2023

Kailash S/o Mohan Singh, R/o Devkhera, P.s. Jawaja, Distt. Ajmer Raj. (Presently At Central Jail, Sewar, Distt. Bharatpur)

----Appellant

Versus

State Of Rajasthan, Through Public Prosecutor.

Victim, R/o

----Respondents

For Petitioner(s)	: Mr. Anurag Chahar
For Respondent(s)	: Mr. Sudesh Kumar Saini, PP with
	Mr. Navdeep Singh

HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

Order

16/04/2026

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 learned Special Judge, Protection of Children from Sexual Offences Act, 2012 and the Commission for Protection of Child Right Act (2005), Karauli (Raj.) vide its judgment dated 02.09.2023 in Sessions Trial Case No.87/2022, whereby the applicant-appellant was convicted for the alleged offence(s) & sentenced to undergo maximum period of twenty years rigorous imprisonment with fine.

(2 of 3)

[2026:RJ-JP:16021]

[SOSA-268/2026]

Learned counsel for the applicant–appellant submits that the applicant was in judicial custody during trial and he is behind the bars since 20.07.2022. Counsel further submits that the appellant did not commit any wrongful act forcefully with the victim and there are contradictions in the statements of the victim recorded under Section 161 of Cr.P.C. (Ex.D-1) & during trial (PW-2). Counsel further submits that the victim's mother did not support the story of the prosecution & turned hostile. Counsel further submits that during cross-examination, the victim stated that she had accompanied the appellant of her own free will and there is also contradiction with regard to the age of the victim. Counsel further contended that the learned Trial Court has not appreciated the facts & 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.

Learned Public Prosecutor has vehemently opposed the submissions made herein-above and submitted that the victim is a minor.

Heard learned counsel for the parties and perused the evidence adduced during trial, the order of learned Trial Court & 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.

(3 of 3)

[2026:RJ-JP:16021]

[SOSA-268/2026]

Accordingly, the application for suspension of sentence is allowed and it is, hereby, ordered that the execution of sentence awarded to accused-applicant, namely Kailash S/o Mohan Singh, 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 Trial Court with the stipulation that he shall appear before this Court on 16.05.2026 and thereafter, as and when he is called upon to do so.

(VINOD KUMAR BHARWANI),J

SAURABH /52