Saddam Hussain @ Chhote vs The State Of Madhya Pradesh
2024 Latest Caselaw 5695 MP

Madhya Pradesh High Court

Saddam Hussain @ Chhote vs The State Of Madhya Pradesh on 23 February, 2024

Author: Chief Justice

Bench: Chief Justice

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                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                       CRA No. 2617 of 2023
                                  (SADDAM HUSSAIN @ CHHOTE Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 23-02-2024
                                 Shri A.K. Pandey - Advocate for appellant.

                                 Shri Pramod Thakre - Public Prosecutor for State.

                                 IA No.3958 of 2023 is the first application preferred under Section 389
                           (1) of Cr.P.C on behalf of appellant/accused Saddam Hussain for suspension
                           of execution of sentence and to enlarge the appellant on bail.

                                 Appellant/accused Saddam Hussain has been convicted under Sections
                           376 (2) (f) of IPC and Section 6 read with Section 5(n) & Section 5(j)(ii) of
                           Protection of Children from Sexual Offences Act, 2012 and sentenced to 20
                           years R.I. and fine of Rs.5000/- with default stipulations vide judgment dated
                           28.01.2023.
                                 Prosecution case as found proved by the trial Court is that victim (PW-1)
                           born on 06.05.2003 and on the date of incident was below the age of 18 years.
                           In the intervening night of 10th-11th, February, 2020, appellant/accused who is
                           a close relative of the victim caused penetrative sexual assault with victim and

                           victim got pregnant. Matter was reported to Police. During investigation
                           scientific evidence were collected.
                                 Considering the statement of the victim (PW-1) and resultantly the
                           pregnancy of the victim (PW-1), we are not inclined to suspend the execution
                           of sentence and enlarge the appellant on bail at present. In the light of the
                           judgment of Hon'ble Supreme Court in the case of State of M.P. vs. Madan
                           Lal, (2015) 7 SCC 681, the same is not fit to be allowed on the ground of
                           compromise.
Signature Not Verified
Signed by: DHEERAJ
PRATAP SINGH
Signing time: 27-02-2024
15:18:52
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                                  Hence, IA No.3958 of 2023 is rejected.


                                 (RAVI MALIMATH)                           (GAJENDRA SINGH)
                                   CHIEF JUSTICE                                 JUDGE

DPS