State of M.P. v/s. Irfan & Anr.
Madhya Pradesh High Court (Division Bench (DB)- Two Judge)
CRRFC, 14 of 2018, Judgment Date: Sep 09, 2021
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 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)
State of M.P. v/s. Irfan & Anr.
Irfan v/s. State of M.P.
Asif vs. State of M.P.