Madhya Pradesh High Court
Mohd. Irfan vs The State Of Madhya Pradesh on 9 October, 2023
Author: Chief Justice
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 9354 of 2023
(MOHD. IRFAN Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 09-10-2023
Shri V.K. Yadav - Advocate for appellant.
Shri A.N. Gupta - Public Prosecutor for respondent/State.
Shri J.P. Gautam - Advocate for objector.
Heard on I.A.No.17836 of 2023:
2. This is the first application seeking for suspension of sentence and grant
of bail filed on behalf of accused/appellant Mohd. Irfan, who has been
convicted for the offences punishable under Section 366 (ka) of the Indian
Penal Code and sentenced to undergo R.I. for five years and fine of Rs.1,000/-
with default stipulation. He has also been convicted under Section 5(tha) read
with Section 6 of the Protection of Children From Sexual Offences Act, 2012
and sentenced to undergo R.I. for 20 years and fine of Rs.5000/- with default
stipulation, as mentioned in the impugned judgment.
3. The case of the prosecution is that the complainant lodged a report to the
effect that her daughter aged about 15 years is missing since 12.10.2020 at
about 4:00 PM. On 15.10.2020, she was recovered and on the basis of her
statement, an FIR has been registered against the present appellant and others.
After completion of the investigation, charge sheet was filed and trial was
commenced. After conclusion of the trial, vide impugned judgment of
conviction and order of sentence dated 22.06.2023 passed by the learned
Special Judge (POCSO Act), Damoh in S.C. No.2 of 2021, the appellant has
been convicted and sentenced as mentioned hereinabove.
4. This application has been filed on the ground that on the same set of
Signature Not Verified
Signed by: SUSHEEL
KUMAR JHARIYA
Signing time: 10/12/2023
10:08:36 AM
evidence, other co-accused persons have been acquitted by the learned trial
Court. Looking to the statements of victim recorded under Section 164 of
Cr.P.C., daughter of the victim namely Kajal @ Reshma (PW/10) and brother-
in-law (Jija) namely Juber Shah (PW/11) and as the victim on her own will has
gone with the present appellant, no case is made out against the present
appellant. He is in custody since 22.06.2023. Hearing of the appeal will take a
considerable time. He is ready to abide by all the terms and conditions that may
be imposed by this Court while considering the application for suspension of
sentence and grant of bail.
5. Per contra, learned State counsel has vehemently opposed the contentions
stating that the victim was minor aged about 14 years and 9 months at the time
of commission of offence who has clearly stated regarding commission of
offence by the present appellant. The DNA report is found to be positive which
could not be disputed by the counsel for the appellant. In view of the aforesaid,
he has prayed for dismissal of the application.
6. Considering the overall facts and circumstances of the case and looking to
the DNA report and the fact that the victim was a minor aged about 14 years
and 9 months at the time of commission of offence, no case is made out to
release the appellant on bail.
7. I.A. No.17836 of 2023 is accordingly rejected.
(RAVI MALIMATH) (VISHAL MISHRA)
CHIEF JUSTICE JUDGE
sj
Signature Not Verified
Signed by: SUSHEEL
KUMAR JHARIYA
Signing time: 10/12/2023
10:08:36 AM
