Supreme Court – Daily Orders
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.
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 CHANDRANFor 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)
