Allahabad High Court
Muzaffar Ali vs State Of U.P. on 29 March, 2023
Bench: Rajiv Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 49
Case :- CRIMINAL APPEAL No. - 1552 of 2022
Appellant :- Muzaffar Ali
Respondent :- State of U.P.
Counsel for Appellant :- Vidit Narayan Mishra
Counsel for Respondent :- G.A.
Hon'ble Rajiv Gupta,J.
Order on Application for Suspension of Sentence:-
Heard learned counsel for appellant, learned A.G.A. for the State and perused the record.
This criminal appeal has been filed against the judgment and order dated 08.02.2022, passed by learned Additional Sessions Judge/Special Judge (POCSO Act 2012)-1st, Gautam Buddh Nagar in Sessions Trial No. 344 of 2020 (State Vs. Muzaffar Ali) arising out of Case Crime No. 629 of 2020, under Sections 376 & 511 IPC, Police Station Sector 20 Noida, District Gautam Buddh Nagar, by which the appellant has been convicted for the offence under Section 376 IPC read with Section 511 IPC and awarded the sentence of 10 years rigorous imprisonment and a fine of Rs.10,000/- with default stipulations.
Learned counsel for the appellant has submitted that the appellant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.
Learned counsel for the appellant has next submitted that the offence of rape has not been committed by the appellant and only an attempt to rape on the victim has been deposed by the witnesses.
Learned counsel for the appellant has next submitted that learned court below has not appreciated the evidence and material on record in right perspective and has illegally passed the impugned judgment and order dated 08.02.2022 convicting and sentencing the appellant.
Learned counsel for the appellant has further submitted that the appeal is of the year 2022 and the chances of appeal being heard and decided in near future is very bleak due to heavy dockets.
Learned counsel for the appellant has next submitted that the appellant is in jail since 08.02.2022 and the maximum sentence awarded to the appellant is ten years rigorous imprisonment, however, he has already undergone about one year of incarceration in jail after conviction and has no criminal history to his credit, as such, in the backdrop of the aforesaid circumstances, the appellant be released on bail.
Per contra, learned AGA has vehemently opposed the prayer for bail and has supported the judgment and order dated 08.02.2022 passed by the trial court. He has further submitted that the trial court has considered each and every aspect of the testimony of the witnesses and has rightly held the appellant to be guilty of the offence under Section 376 IPC read with Section 511 IPC.
Learned AGA has next submitted that the deposition of the witnesses fully corroborate the prosecution story in all material particulars, as such, the appellant is not entitled to be released on bail.
Having considered the rival submissions made by learned counsel for the parties and on perusal of the record, it is evident that the victim is a minor girl aged about twelve years and the appellant is her next door neighbour, who had forcibly detained her by dragging her in a room and bolting the door and thereafter tried to commit rape on her by disrobing her and had opened the door only after the witnesses had compelled him to open the door. Further, the deposition made by the victim during the course of trial as well as the statements of the witnesses completely corroborates the prosecution story. Moreover, the deposition made by the victim during the course of trial also finds further corroboration from her statement shown to be recorded under Section 164 Cr.P.C.
In view of the aforesaid and considering the totality of the facts and circumstances and for the reasons noted hereinabove, I am of the view that the appellant has failed to make out a case for suspension of sentence.
Thus, the application for suspension of sentence is accordingly dismissed.
Order on Criminal Appeal:-
Let paper book be prepared and matter be listed for hearing.
Order Date :- 29.3.2023/Subham
