Ajay Joshi vs The State Of Rajasthan on 17 July, 2026

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    Ajay Joshi vs The State Of Rajasthan on 17 July, 2026

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                                                  IN THE SUPREME COURT OF INDIA
                                                 CRIMINAL APPELLATE JURISDICTION
    
                                          CRIMINAL APPEAL NO.3254/2026
                          (@Petition for Special Leave to Appeal (Crl.)                           No.9026/2026)
    
    
         AJAY JOSHI                                                                               Appellant(s)
    
                                                                     VERSUS
    
         THE STATE OF RAJASTHAN                                                                   Respondent(s)
    
                                                                   O R D E R
    

    1. Exemption Application is allowed.

    2. Leave granted.

    SPONSORED

    3. This appeal has been filed challenging the impugned Order

    dated 13.01.2026 passed by the High Court of Judicature for

    Rajasthan, whereby the appellant’s second application for

    suspension of sentence (Criminal Misc. Suspension of Sentence

    Application No. 2612/2025) was dismissed.

    4. The appellant was convicted to undergo rigorous imprisonment

    for 20 years along with a fine of ₹10,000/- by the learned Special

    Judge (POCSO Act cases) No.1, Kota, in Special Sessions Case

    No. 05/2021 vide Judgment dated 07.05.2024 for offences punishable

    under Section 376(2)(n) of the Indian Penal Code, 1860 (IPC) and

    Section 5(L)/6 of the Protection of Children from Sexual Offences

    (POCSO) Act, 2012.

    5.
    Signature Not Verified
    We heard learned counsel appearing for the appellant and
    Digitally signed by
    VISHAL ANAND
    Date: 2026.07.18

    learned counsel appearing for the Respondent – State.
    13:35:19 IST
    Reason:

    6. Learned counsel for the appellant submits that the courts
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    below failed to appreciate that in her statement recorded under

    Section 164 of the Code of Criminal Procedure, 1973 (CrPC), the

    prosecutrix explicitly stated that she shared a consensual

    relationship with the appellant and had given statements to the

    contrary only under familial pressure. It is further contended that

    the determination of the victim’s minority remains highly

    contested, as it relies strictly on school admission forms without

    a proven original source or birth certificate.

    7. It is also brought to our notice that the appellant was

    acquitted of charges under Sections 384 and 506 of the IPC and

    Section 67-B of the Information Technology Act, as the Forensic

    Science Laboratory (FSL) Report did not find any objectionable

    material on the seized devices. Furthermore, the appellant having

    undergone approximately 788 days of incarceration, was on bail

    during the entire trial without misusing the liberty, and the final

    disposal of the appeal before the High Court is unlikely to take

    place in the near future.

    8. Taking into consideration the period of custody already

    undergone, the fact that the appellant was on bail during the

    trial, we are of the view that a case for suspension of sentence is

    made out.

    9. Accordingly, the impugned Order passed by the High Court is

    set aside. The application for suspension of sentence is allowed,

    and it is directed that the execution of the substantive sentence

    imposed upon the appellant (Ajay Joshi) shall remain suspended

    during the pendency of the appeal before the High Court.

    10. With the aforesaid, the Appeal stands allowed.
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    11. Pending application(s), if any, shall stand disposed of.

    …………………………………………J
    (J.B. PARDIWALA)

    …………………………………………J
    (K. VINOD CHANDRAN)
    NEW DELHI;

    17TH JULY, 2026.

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    ITEM NO.4                 COURT NO.6                SECTION II-D
    
                    S U P R E M E C O U R T O F      I N D I A
                            RECORD OF PROCEEDINGS
    
         Petition for Special Leave to Appeal (Crl.)        No.9026/2026
    
    

    [Arising out of impugned final judgment and order dated 13-01-2026
    in SBCRMSOSA No. 2612/2025 passed by the High Court of Judicature
    for Rajasthan at Jaipur]

    AJAY JOSHI Petitioner(s)
    VERSUS
    THE STATE OF RAJASTHAN Respondent(s)

    (FOR ADMISSION)
    (IA No. 149053/2026 – EXEMPTION FROM FILING O.T.)

    Date : 17-07-2026 This matter was called on for hearing today.

    CORAM :

    HON’BLE MR. JUSTICE J.B. PARDIWALA
    HON’BLE MR. JUSTICE K. VINOD CHANDRAN

    For Petitioner(s) :

    Mr. Abhishek Bhardwaj, Adv.
    Mr. James Bedi, AOR
    Mr. Aditya Maheshwari, Adv.
    Mr. Aayush Mailk, Adv.

    Mr. Abhishek Saini, Adv.

    For Respondent(s) :

    Mr. Rajan Kumar Chourasia, Adv.
    Mr. S. Udaya Kumar Sagar, AOR
    Ms. Satyama Dubey, Adv.

    Ms. Anju Shree Verma, Adv.

    UPON hearing the counsel the Court made the following
    O R D E R

    1. Leave granted.

    2. The appeal stands allowed.

    3. The execution of the substantive sentence imposed upon the
    appellant (Ajay Joshi) shall remain suspended during the pendency
    of the appeal before the High Court

    4. Pending applications, if any, also stand disposed of.

     (VISHAL ANAND)                                  (POOJA SHARMA)
    DEPUTY REGISTRAR                               COURT MASTER (NSH)
    

    (Signed Order is placed on the file)



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