Inayatulla Rojan Kureshi vs The State Of Maharashtra And Anr
2021 Latest Caselaw 10432 Bom

P.H. Jayani                                                   06 APEAL283.2021.doc



               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CRIMINAL APPELLATE JURISDICTION

                      INTERIM APPLICATION NO. 1907 OF 2021
                                       IN
                        CRIMINAL APPEAL NO. 283 OF 2021
                                     WITH
                        CRIMINAL APPEAL NO. 283 OF 2021

Inayatulla Rojan Kureshi                                .... Appellant/Applicant
            v/s.
The State of Maharashtra and anr.                       .... Respondents

Mr. Akash Kavade for the Appellant.
Mr. S.V. Gavand, APP for the State.


                                    CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 05th AUGUST, 2021.

P. C. :-

ORDER IN INTERIM APPLICATION NO. 1907 OF 2021 :-

. This is an Application under Section 389 of Cr.P.C. filed by the

aforesaid Applicant for suspension of sentence imposed by judgment

dated 20/02/2021 passed by the Extra Joint Addl. Sessions Judge,

Pune in Special Case (POCSO) No.592/2019 and enlargement on bail.

2. By the impugned judgment, the Applicant has been held guilty

for offences punishable under 376, 376(2), 323, 506(1) of the Indian

Penal Code and under Sections 4, 8, 12 of the Protection of Children

P.H. Jayani 06 APEAL283.2021.doc

from Sexual Offences (POCSO) Act, 2012 and sentenced to undergo

rigorous imprisonment for 30 years and to pay fine of Rs.10,000/- in

default to undergo rigorous imprisonment for one year.

3. The case of the prosecution is that the Applicant had committed

aggravated penetrative sexual assault on his minor daughter. The

victim and her mother have not supported the case of the prosecution

and they were extensively cross-examined by the prosecution. In the

cross-examination, the victim has admitted having lodged the FIR

against the Applicant. She has admitted having signed the FIR and had

further admitted that the FIR was recorded as per her narration. The

complaint records that the Applicant had sexual intercourse with the

victim resulting in her pregnancy and subsequent miscarriage. The

mother of the victim has also admitted in her cross-examination that

the victim had told her that the Applicant used to touch her private

parts and that he would threaten her whenever she resisted the act.

She has further admitted that the victim had told her that the Applicant

had sexual intercourse with her several times and that she had been to

'Stri Shakti Jagran' to complain about the incidence. She has stated

that she was advised to send the victim to the house of her maternal

uncle till action was taken against the Applicant. It is true that the

P.H. Jayani 06 APEAL283.2021.doc

victim and her mother have made several contradictory statements.

The learned Judge has taken note of the fact that the Applicant used to

beat the victim and her mother and that they were under tremendous

pressure.

4. The evidence of PW3 - Dr. Sadia Shaikh also prima facie indicates

that the victim had visited her clinic with her mother. She complained

of stomach ache and vomiting. PW3 performed pregnancy test and

confirmed that the victim was pregnant. The evidence of this witness

reveals that the mother of the victim had expressed that her husband

i.e., the Applicant might have been responsible for her pregnancy and

had requested PW3 to abort the foetus. PW3 claims that she referred

the victim to the Sasoon Hospital.

5. The evidence on record further reveals that upon registration of

the crime, the victim was referred to Sasoon Hospital. She was

examined by PW4 - Dr. Khusboo Goel. The evidence of this witness

reveals that the victim had given history of penetrative sexual assault

by the Applicant. The medical evidence prima facie corroborates

allegation of penetrative sexual assault.

6. The gravity of the offence, severity of punishment and the

P.H. Jayani 06 APEAL283.2021.doc

relationship between the Applicant and the victim does not justify

suspension of sentence. Hence, the Interim Application is rejected.

ORDER IN CRIMINAL APPEAL NO.283 OF 2021 :-

7. Heard. Admit. Call for the record and proceedings. Paper book

to be filed within six months. Learned APP waives service on behalf of

the Respondent - State. Applicant/Appellant to take steps to serve

Respondent No.2 by private service as well as by RPAD.

(SMT. ANUJA PRABHUDESSAI, J.)