Court highlights substantial doubts in prosecution evidence and prolonged appeal pendency as grounds for bail and suspension of sentence
In a significant judgment delivered on October 14, 2026, the Rajasthan High Court granted suspension of sentence and bail to appellants convicted under the Protection of Children from Sexual Offences (POCSO) Act, 2012, and the Bharatiya Nyaya Sanhita (BNS), 2023. The appellants, Shrawan Nath and Mangunath, were sentenced to 20 years rigorous imprisonment and fined Rs. 1,00,000 by the Special Judge, POCSO Act Cases No.1, Udaipur, in Sessions Case No. 51/2025.
The court observed that while the conviction displaces the presumption of innocence, appellate courts are mandated to examine whether the appeal presents substantial and arguable grounds. The Rajasthan High Court found serious doubts in the prosecution's case, particularly regarding the testimony of key witness PW-5, who expressed uncertainty about being sold for monetary consideration - a critical element of the prosecution's narrative alleging that a minor victim was sold and married.
The Court noted the absence of cogent evidence to prove the alleged monetary transaction, emphasizing that mere proof of the victim's minority and marriage to the appellant does not automatically establish the commission of offences under POCSO and BNS. It held that the prosecution failed to meet the standard of proof beyond reasonable doubt, warranting closer scrutiny of the conviction during the appeal.
Further, the court underscored that prolonged pendency of appeals, especially when delays are not attributable to the convict, constitutes a valid ground for suspension of sentence. It relied on Supreme Court precedents, including Kashmira Singh v. State of Punjab (1977) and the recent Muna Bisoi v. State of Odisha (2026), highlighting the injustice of continued incarceration during uncertain and delayed appellate proceedings.
Consequently, the High Court allowed the suspension of sentences under Section 389 of the Criminal Procedure Code (CrPC) and its corresponding provision in the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. The appellants were ordered to be released on bail upon furnishing personal bonds and sureties, with conditions including mandatory annual appearance before the trial court and updating address changes.
This ruling reflects the judiciary's balanced approach in safeguarding accused persons' rights while ensuring justice, especially in complex cases involving minors under stringent laws like POCSO and BNS.
Bottom Line:
Suspension of sentence - Conviction under POCSO Act and BNS - Appellate Court can suspend sentence where appeal raises substantial arguable grounds, prosecution evidence appears doubtful, and early hearing of appeal is unlikely - Prolonged pendency of appeal and absence of satisfactory proof of essential ingredients justify release on bail pending appeal.
Statutory provision(s): Protection of Children from Sexual Offences Act, 2012 Sections 5, 6, 17; Bharatiya Nyaya Sanhita, 2023 Sections 143(4), 144; Criminal Procedure Code, 1973 Section 389; Bharatiya Nagarik Suraksha Sanhita, 2023 Section 430
Shrawan Nath v. State of Rajasthan, (Raj) : Law Finder Doc Id # 3002555
