Child In Conflict With Law C A vs State Of Rajasthan on 6 August, 2026

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    Child In Conflict With Law C A vs State Of Rajasthan on 6 August, 2026

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         ITEM NO.3                                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.8623/2026
    
         [Arising out of impugned final judgment and order dated 30-03-2026
         in SBCRM(SOS)A No. 69/2026 passed by the High Court of Judicature
         for Rajasthan at Jaipur]
    
         CHILD IN CONFLICT WITH LAW C A                                              Petitioner(s)
    
                                                          VERSUS
    
         STATE OF RAJASTHAN & ANR.                                                   Respondent(s)
    
         Date : 06-08-2026 This petition 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. Rishi Matoliya, AOR
                                             Mr. Nikhil Kumar Singh, Adv.
                                             Mr. Kshitish Bikarmia, Adv.
                                             Mr. Raghuveer Pujari, Adv.
                                             Ms. Sumati Sharma, Adv.
         For Respondent(s) :
                                             Ms. Sansriti Pathak, A.A.G.
                                             Mr. Saurabh Rajpal, AOR
                                             Mr. Chhatresh Sahu, Adv.
    
                                           Ms. Vrinda Bhandari, AOR
                                           Ms. Vanshita Gupta, Adv.
                                           Mr. Bharathi Mohan M., Adv.
    
                                  UPON hearing the counsel the Court made the following
                                                     O R D E R
    

    1. This petition seeks Special Leave to Appeal against the
    impugned judgment and order dated 30.03.2026 passed by the
    Signature Not Verified
    Single Bench of the High Court of Judicature for Rajasthan at
    Digitally signed by
    VISHAL ANAND
    Date: 2026.08.07
    16:36:19 IST
    Reason:
    Jaipur in S.B. Criminal Misc Suspension of Sentence
    Application No.69/2026 in S.B. Criminal Revision Petition No.
    266/2026, whereby the High Court rejected the petitioner’s
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    application for suspension of sentence during the pendency of
    his revision petition.

    SPONSORED

    2. By Judgment dated 17.12.2025 passed by the learned Juvenile
    Justice Board No.-01 Jaipur Metropolitan, declared the
    petitioner a law violator under Section 376 of the Indian
    Penal Code, 1860 (IPC) and Sections 3/4, 5(i) (ii)/6 of the
    Protection of Children from Sexual Offences Act, 2012 (POCSO)
    Act
    and sentenced him to a special home for 3 (three) years
    and a fine of Rs. 1500/-. The aforesaid judgment was affirmed
    in appeal by a judgment dated 30.01.2026 passed by the learned
    Special Court; Protection of Children from Sexual Offences
    Act, 2012
    and Commission for Protection of Child Rights Act,
    2005
    , No. 01, Jaipur Metropolitan-II. The Petitioner has
    served more than 2 years, 3 months, in judicial custody till
    he was granted interim bail by our order dated 11.05.2026.

    3. Having heard learned counsel for both parties and having
    perused the material on record, without expressing any final
    opinion on the merits of the appeal, we are of the considered
    view that a prima facie case for suspension of sentence is
    made out, given the minority of the petitioner at the time of
    the alleged offence, the custody period undergone, absence of
    prior antecedents, and the arguable legal issues raised
    regarding the nature of the act in question.

    4. Accordingly, the execution of the substantive sentence of
    custody in a special home awarded to the petitioner (Child in
    Conflict with Law CA) in FIR No.78/2024, P.S. Harmada,
    District Jaipur, Rajasthan shall remain suspended during the
    pendency of the revision before the High Court.

    5. The Petitioner shall be continued on bail, if already
    released. If not, the Juvenile Justice Board shall release the
    petitioner on bail on such conditions as deemed fit and
    appropriate, on the basis of the suspension of sentence
    granted by us. In the event of breach of any conditions
    specified above, it shall be open to the State to move an
    application before the Board for cancellation of bail.

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    6. The Special Leave Petition is disposed of in the above terms.

    7. Pending application(s), if any, shall stand disposed of.

    (VISHAL ANAND)                                 (POOJA SHARMA)
    DY. REGISTRAR                                COURT MASTER (NSH)
    



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