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CRA.Nos.7215/2018 and 7269/2018

THE HIGH COURT OF

MADHYA PRADESH

BENCH AT INDORE

BEFORE DIVISION BENCH: JUSTICE VIVEK RUSIA AND

JUSTICE SHRI SHAILENDRA SHUKLA

Case No.

: ^{CRRFC.No.14/2018 &}

CRA.Nos.7215/2018 and 7269/2018

Parties name

: ^{State of M.P. v/s. Irfan & Anr.}

(CRRFC.No.14/2018),

Irfan v/s. State of M.P.

CRA. No.7215/2018) and

Asif vs. State of M.P.

(CRA.No.7269/2018).

Date of Judgement

: ^09/09/2021

Bench constituted of

: ^{Hon'ble Justice Shri Vivek Rusia and}

Hon'ble Justice Shri Shailendra Shukla

Judgement delivered by

: ^{Hon'ble Justice Shailendra Shukla}

Whether approved for

reporting

: ^Yes

Name of counsels for the

parties

:

Shri Pushyamitra Bhargava, learned Addl.

Advocate General for appellant/State.

Shri Amit Dube and Shri Noor Ahmad

Sheikh,

learned

counsel

for

respondent/appellant Irfan.

Shri Z.A. Khan, learned Senior counsel with

Shri R.R. Bhatnagar, learned counsel for

respondent/appellant Asif.

Law laid down

: ^{Held: Conviction and sentence of}

appellants under Section 376(DB) of

IPC –

(i) Prosecutrix, a child of seven years of

age was proved to have been subjected to

violent gang rape by appellants and

prosecutrix was also inflicted life

threatening injuries.

(Significant paragraph nos. – 46 to 51)

(ii) Conviction under Section 376(DB)

of IPC and sentence of hanging by trial

Court – Affirmed – Sentencing Policy

Discussed – Legislature has imposed

death penalty in incidents of child sexual

abuse even though the victim has not

died. There is shift in the policy of

legislature in view of alarming rise in

such cases.

(Significant paragraph nos. – 114 to 123,

128 to 141)

(iii) Dock identification of prosecutrix

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CRA.Nos.7215/2018 and 7269/2018

shortly after the incident – is reliable

even though TIP not conducted.

(Significant paragraph nos. – 22 to 25)

(iv) Prosecutrix admitted in serious

condition in hospital – Identified

appellants through photo album

containing photographs of appellants

along with other persons – looking to the

condition of prosecutrix, adopting this

mode cannot be considered to be

inappropriate.

(Significant paragraph no. – 26)

(v) The mobile of appellants was found

to be switched off at the time of incident -

is a relevant material under Section 8 of

Evidence Act, as had the same not been

switched off the location of appellants

could have been traced.

(Significant paragraph no. – 76)

(vi) Mobile being sold off by the

appellants, moments after the incident – is

also a relevant fact against the appellants

under Section 8 of Evidence Act.

(Significant paragraph no. – 77)

(vii) Objection by appellants that sentence

was pronounced on the same day when

they were convicted and thus they were

not given opportunity to be heard on the

question of sentence – held – it is not

statutorily required to postpone the case to

a future date for hearing on quantum of

sentence.

(Significant paragraph nos. – 135 to 136)

(VIVEK RUSIA) (SHAILENDRA SHUKLA)

JUDGE

JUDGE

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CRA.Nos.7215/2018 and 7269/2018

HIGH COURT OF M.P. BENCH AT INDORE

Criminal Reference No.14/2018

(State of M.P. vs. Irfan & Ors.)

In Reference

(Received from IInd Additional Sessions

Judge / Special Judge, POCSO Act

Mandsaur, District Mandsaur)

In reference – Versus – Irfan Mevati

Criminal Appeal No.7215/2018

Irfan @ Bhayu Mevati – Versus – State of Madhya Pradesh,

S/o. Jahir @ Jahid @ Kalu Mevati,

Aged 20 years, Caste Musalman,

Occupation Labourer.

R/o. - Chandan Ki Gali, Madarpura Mandsaur,

Distt. Mandsaur (M.P.)

In reference – Versus – Asif Mevati

Criminal Appeal No.7269/2018

Asif Mevati – Versus – State of Madhya Pradesh,

S/o.Julfikar Mevati, Aged 24 years, Caste Musalman,

Occupation – Centering work.

R/o. - Harijan Basti, Madarpura, Mandsaur,

Distt. Mandsaur (M.P.)

-----------------------------------------------------------------------------------

CORAM

:

Hon'ble Shri Justice Vivek Rusia, Judge

Hon'ble Shri Justice Shailendra Shukla, Judge

-----------------------------------------------------------------------------------

Shri Pushyamitra Bhargava, learned Addl. Advocate General for

appellant/State.

Shri Amit Dube, learned counsel and Shri Noor Ahmad Sheikh,

learned counsel for respondent/appellant Irfan.

Shri Z.A. Khan, learned Senior counsel with Shri R.R. Bhatnagar,

learned counsel for respondent/appellant Asif.

_______________________________________________________