Mohd. Parvez Khan @ Rehan Khan vs The State Of Madhya Pradesh
2023 Latest Caselaw 246 MP

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 9121 of 2022
                                    (MOHD. PARVEZ KHAN @ REHAN KHAN Vs THE STATE OF MADHYA PRADESH)

                          Dated : 04-01-2023
                                Ms. Swati Aseem George - Advocate for the appellant.

                                Shri Akhilendra Singh - Govt. Advocate for the respondent / State.

I.A. No.19166 of 2022, application for suspension of sentence and grant of bail to the appellant - Mohd. Parvez Khan arising out of judgment dated 21.09.2022 delivered in Special S.T. No. 212/2020 by the learned Special

Judge, POCSO Act, Rewa, Distt. Rewa is taken up.

T h e appellant has been convicted for the offence punishable under Section 376 (3) of IPC and sentenced to undergo R.I. for 21 years and fine of Rs.500/- and Section 3 /4 of POCSO Act and sentenced to undergo R.I. for 21 years and fine of Rs.500/- with default stipulations.

Learned counsel for the appellant submits that the victim was found missing and on the strength of that her family members lodged a report. She was recovered from waiting room of railway station. She was not recovered from the possession of present appellant. The appellant was tried for

committing offences under Section 363, 366, 376 (2) read with Section 34 of IPC, Section 3/4 of POCSO Act as well as for committing offence under Section 67A of IT Act, 2000. Learned counsel for the appellant further submits that the allegations relating to offence under the I.T. Act have not been proved.

By taking this Court to the statement of victim (PW-1), Ms. Swati Aseem George, learned counsel for the appellant urged that her statement itself shows that no sexual assault and rape had been committed by the appellant on her. In para-2 of examination-in-chief the prosecutrix stated that appellant made Signature Not Verified Signed by: NAVEEN KUMAR SARATHE Signing time: 1/5/2023 10:43:11 AM

an effort to develop sexual assault and then threatened that he will do it next time. No physical relation could be developed at any point of time as per statement of prosecutrix herself. Para- 38 of cross-examination of victim shows that because there was exchange of abusive words by the appellant, the report was lodged in police. Otherwise, there was no matter which could have travelled to the police. Considering the aforesaid, it is submitted that the offence under Section 376(3) of IPC and Section 3/4 of POCSO Act are not made out. The necessary ingredients for attracting those Sections are totally missing. The story of prosecution is like a house of cards. There are several contradictions in the statement of the victim. The dates and events are not in proper chronology. The

final hearing of this appeal is not possible in near future, resultantly the jail sentence of appellant may be suspended.

Shri Akhilendra Singh, learned G.A. for the State informed that the victim is served and he argued in the line of objection filed.

Considering the statement of victim (PW-1) coupled with the fact that appellant has already been acquitted under the provisions of IT Act, without expressing any conclusive opinion on the merits of the case, we deem it proper to suspend the remaining jail sentence of the appellant. Accordingly, I.A. No. 19166 / 2022 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of the appellant- Mohd. Parvez Khan is hereby suspended and it is directed that the appellant be released on bail on his furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial court with a further direction to appear before the trial Court,

Signature Not Verified Signed by: NAVEEN KUMAR SARATHE Signing time: 1/5/2023 10:43:11 AM

Rewa on 10th April, 2023 and also on such other dates as may be fixed by the trial court in this regard during the pendency of this appeal.

Certified copy as per rules.

                             (SUJOY PAUL)                                 (AMAR NATH (KESHARWANI))
                                JUDGE                                              JUDGE

                          sarathe




Signature Not Verified
Signed by: NAVEEN KUMAR
SARATHE
Signing time: 1/5/2023
10:43:11 AM