IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. ____ OF 2026
(@ SLP(CRL.) No. 18467/2026)
S. @ D.S. ...APPELLANT(S)
VERSUS
THE STATE OF RAJASTHAN & ANR. ...RESPONDENT(S)
[NyayVidhan note: the conviction includes offences under the Protection of Children from Sexual Offences Act, 2012 and Section 376(3) of the Indian Penal Code, so this order is anonymised. The appellant's name and alias are shown by initials (S. @ D.S.); the survivor is not named in the order. The High Court's bench seat in the record of proceedings is withheld and marked [… withheld]. The High Court and Supreme Court case numbers and dates are kept. The appeal number is left blank in the signed order. Paragraphs 1-11 carry the Court's numbers. The record of proceedings of 29.10.2026, which follows the signed order, is given in abridged form, with the counsel for each side on one line and its order on one line. The digital-signature block, Registry signatures and page numbers are left out. The order's own wording is otherwise kept as printed.]
[Source: Supreme Court of India, www.sci.gov.in — order dated 29.10.2026.]
O R D E R
1. Leave granted.
2. We have heard the learned counsel appearing for the appellant, and the learned counsel appearing for the respondent(s).
3. The appellant has been convicted by the Trial Court for the offences punishable under Sections 451, 323, 504, 376(3) of the Indian Penal Code, 1860, Sections 5(L)/6 of the Protection of Children from Sexual Offences, 2012, Sections 67A, 67B of the Information Technology Act, 2000 and Sections 3(2)(v), 3(1)(r), 3(1)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and sentenced to undergo life imprisonment.
4. Aggrieved by the same, the appellant preferred a criminal appeal against the conviction before the High Court. The appellant further filed an application seeking suspension of sentence during the pendency of the appeal, which was dismissed. Hence, the present appeal has been filed.
5. Learned counsel appearing for the appellant submits that the appellant has been under incarceration for more than 7.5 years and there are material discrepancies in the testimonies of prosecution witnesses.
6. Learned counsel appearing for the State submits that it is not correct to state that the appellant has undergone 7.5 years but actually he has undergone incarceration for a period of 6 years and 7 months.
7. Be that as it may, the appeal is of the year 2022 and the same is pending consideration before the High Court.
8. Admittedly, the appellant has undergone incarceration for a period of 6 years and 7 months. On this ground alone, we are inclined to set aside the impugned order, and suspend the sentence of the appellant till the disposal of the criminal appeal pending before the High Court and grant bail to the appellant.
9. Accordingly, the impugned order stands set aside and the appellant’s sentence stands suspended during the pendency of the appeal. The appellant shall be released on bail, subject to the terms and conditions to the satisfaction of the Trial Court.
10. The appeal is allowed, accordingly.
11. Pending application(s), if any, shall stand disposed of.
……………………………………………………………………J.
[M.M. SUNDRESH]
………………………………………………………………………J.
[PRASANNA B. VARALE]
NEW DELHI;
29th OCTOBER, 2026
ITEM NO.1 COURT NO.4 SECTION II-D
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 18467/2026
[Arising out of impugned final judgment and order dated 16-03-2026 in DBCRMSSOSA No. 2427/2024 passed by the High Court of Judicature for Rajasthan at [bench seat withheld]]
S. @ D.S. Petitioner(s)
VERSUS
THE STATE OF RAJASTHAN & ANR. Respondent(s)
Date : 29-10-2026 This matter was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE M.M. SUNDRESH
HON'BLE MR. JUSTICE PRASANNA B. VARALE
For Petitioner(s) : Mr. Chandrika Prasad Mishra- 3624, AOR, Mr. Bhupendra Singh, Adv., Ms. Prashasti Singh, Adv., Mr. Ankit Pandey, Adv., Ms. Harshita Bhardwaj, Adv., Ms. Swati Surbhi, Adv., Ms. Anushree Yadav, Adv.
For Respondent(s) : Mr. Divynk Panwar, Adv., Mr. Saurabh Rajpal- 3577, AOR
UPON hearing the counsel the Court made the following ORDER: Leave granted. The appeal is allowed in terms of the signed order. Pending application(s), if any, shall stand disposed of.
(Signed order is placed on the file)
S. @ D.S. v. The State of Rajasthan & Anr.
The text below is reproduced from the judgment for reference. The article summarises the Court's decision; refer to the original judgment for the authoritative text.