Abrar Noor Mohammad Khan vs State Of Maharashtra And Anr
2023 Latest Caselaw 482 Bom

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                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION

                                   INTERIM APPLICATION NO. 3943 OF 2022
                                                    IN
                                     CRIMINAL APPEAL NO. 1150 OF 2022

                     Abrar Noor Mohammad Khan                          ..Applicant.
                           Versus
                     The State of Maharashtra & Anr.                   ..Respondents
                                                  __________
                     Mr. Sachin Chandan for Applicant.
                     Mr. S. R. Agarkar, APP for State/Respondent No.1.
                                                  __________

                                             CORAM : SARANG V. KOTWAL, J.
                                             DATE : 12 JANUARY 2023
                     PC :

                     1.           The applicant was convicted and sentenced by learned

                     Special Judge, Dindoshi, Mumbai vide his Judgment and order

                     dated 20/10/2022 passed in POCSO Special Case No.106 of 2016.

                     The applicant was convicted for commission of offence punishable

                     U/s.354 of the I.P.C. and U/s.12 of the Protection of Children from

                     Sexual Offences Act (for short 'POCSO Act'). The major sentence

                     imposed on him was for one year and six months; besides

                     imposition of fine. He was acquitted from the offence punishable

        Digitally
        signed by
                     U/s.354-D, 504 and 506 Part-I of the I.P.C.
        VINOD
VINOD   BHASKAR
BHASKAR GOKHALE
GOKHALE Date:
        2023.01.13
        10:55:57
        +0530


                      Gokhale
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2.        The prosecution case is that the applicant was following

and harassing the victim who was about 15 year of age. On the

date of incident i.e. on 14/07/2015, when the victim was

returning from her school, the applicant stood in the way, pulled

her towards himself and uttered the words which outraged her

modesty. The victim immediately dialed 100 number from her

mobile and the police reached the spot. At that time, the applicant

had ran away. She lodged her F.I.R. The investigation was carried

out and the applicant was arrested.


3.        Learned counsel for the Applicant submitted that the

evidence of the victim does not inspire confidence. The sentence is

excessive. The applicant was not caught on the spot. No test

identification parade was conducted. The applicant was on bail

during trial and he has not committed any offence. Even after his

conviction he was granted bail for a temporary period U/s.389 of

the Cr.p.c.


4.        Since this case is under the POCSO Act, it is necessary to

hear the victim/Respondent No.2 before passing final order in this
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bail application.


5.        Hence, the following order:


                                         ORDER

i) Issue notice to the Respondent No.2, returnable on 14/02/2023.

ii) During pendency and final disposal of Criminal Appeal No.1150 of 2022, till the next date, the Applicant is directed to be released on bail on his furnishing P. R. bond in the sum of Rs.30000/- with one or two sureties in the like amount.

iii)This order shall operate till 14/02/2023.

iv) The I.O. shall inform the Respondent No.2 about pendency of this application and the next date of listing. He shall make a statement to that effect before the Court on the next occasion.

v) Stand over to 14/02/2023.

vi) The Application is disposed of.

(SARANG V. KOTWAL, J.)