KAMRUDDIN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Ms. Anjali Gyanani, learned Public Prosecutor for the respondent-State. Heard on IA. No. 3911 of 2023, which is the first application under Sec. 389 (1) of Cr.P.C. seeking suspension of sentence and grant of bail moved on behalf of the appellant.

(2.) Appellant stood convicted under Sec. 366 of IPC and sentenced to undergo 05 years' RI with fine of Rs.5000.00, Sec. 376(3) of IPC and sentenced to undergo 20 years' RI with fine of Rs.20,000.00 and under Sec. 5(J)(ii)/6 of POCSO Act and sentenced to undergo Life Imprisonment with a fine of Rs.10,000.00 with default stipulations respectively vide judgment of conviction and order of sentence dtd. 4/7/2022 passed by IInd Additional Sessions Judge and Special Judge (POCSO) Act, Ganjbasoda, District-Vidisha in Special Sessions Case No.67/2018.

(3.) Prosecution case in brief is to the effect that appellant alongwith three other accused persons namely Akeel Kha, Ansar Kha and Anish Chote @ Ballu were alleged to have manipulated the prosecutrix who was 15 years of age approx on the date of incident i.e. 26/8/2018 as her DOB was 13/6/2003 and she was subjected to sexual abuse by each one of them. On complaint FIR was lodged and enquiry was started. Prosecutrix was medically examined vide Ex.P-38. Upon completion of investigation, Challan was filed. The case was committed to the Sessions Court. The Sessions Court upon critical evaluation of the evidence placed before it, acquitted other accused persons namely Akeel Kha, Ansar Kha and Anish Chote @ Ballu and convicted and sentenced the present appellant Kamruddin as referred above primarily for the reason that in the DNA profile prosecutrix was found pregnant and DNA sample of her aborted fetus matched with that of blood sample of present appellant.