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Madhya Pradesh High Court

Ali Mohammad Alias Ashlam vs The State Of Madhya Pradesh on 21 April, 2026

Author: Vivek Agarwal

Bench: Vivek Agarwal, Avanindra Kumar Singh

         NEUTRAL CITATION NO. 2026:MPHC-JBP:30888




                                                            1                            CRA-331-2014
                            IN     THE     HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                     BEFORE
                                      HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                        &
                                  HON'BLE SHRI JUSTICE AVANINDRA KUMAR SINGH
                                                 ON THE 21st OF APRIL, 2026
                                             CRIMINAL APPEAL No. 331 of 2014
                                             ALI MOHAMMAD ALIAS ASLAM
                                                        Versus
                                            THE STATE OF MADHYA PRADESH
                         Appearance:
                            Shri Madan Singh, Advocate for appellant.
                            Shri Manas Mani Verma, Government Advocate for State.

                                                           JUDGMENT

DICTATED IN OPEN COURT Per: Justice Vivek Agarwal This appeal is filed being aggrieved of judgment dated 18.1.2014 passed by learned VII Additional Sessions Judge, Bhopal in Sessions Trial No.680/2013 convicting the appellant Ali Mohammad @ Aslam for the offence under Sections 363 & 376 of the Indian Penal Code, 1860 (for short "I.P.C") and sentencing him to undergo rigorous imprisonment for five years and imprisonment for life with fine of Rs.5,000/- and Rs.10,0000/- and in default of payment of fine to undergo additional rigorous imprisonment for four months and six months respectively. It was further directed that all the sentences shall run concurrently and upon realization of the fine amount, a sum of Rs.12,000/- shall be paid to the victim and invested in a nationalized bank until the victim attains the age of majority.

NEUTRAL CITATION NO. 2026:MPHC-JBP:30888 2 CRA-331-2014 2 Learned counsel for the appellant submits that in view of the F.S.L report (Exhibit P/13), since no human sperms were found on the vaginal slide and skirt of the victim, present appears to be a case of false implication. Although the age of the victim has been established on record as 6 years, the appellant has been falsely implicated. The incident took place in the toilet of a train bogie and there is no proper identification of the accused. Hence, prayer is made to show indulgence in the matter.

3 Learned Government Advocate for the State supports the impugned judgment and submits that the victim has been examined as PW-3 and has properly identified the accused. The accused was apprehended from the toilet of a train bogie at the instance of the victim's father. According to the prosecution case, the father had sent the victim to fetch water from Platform No. 5 of Bhopal Railway Station. When the victim did not return for some time, he began searching for her on the platform. During the search, one boy informed him that a six-year-old girl had been taken into the toilet of a train bogie. When the father knocked on the door of the said toilet, it was not opened. Thereafter, police personnel were called, and the accused was apprehended from the same toilet of the train bogie. Hence, identification of the accused is not doubtful. The prosecution story stands duly corroborated by the testimony of the victim as well as by Dr.Shaji Qureshi (PW-2), and therefore, no indulgence is called for.

4 We have heard learned counsel for the parties and gone through the record.

5 Dr.Geeta Rani Gupta (PW-1), Senior Forensic Specialist (Medical) at the Signature Not Verified Signed by: AMIT JAIN Signing time: 21-04- 2026 16:52:29 NEUTRAL CITATION NO. 2026:MPHC-JBP:30888 3 CRA-331-2014 Medico-Legal Institute, Bhopal, states that on 28.6.2013 while she was working as a Senior Medical Specialist, the accused, Ali Mohammad @ Aslam, S/o Liyakat Ali, aged about 23 years, was brought before her by the GRP, Bhopal in connection with Crime No. 288/2013 registered for offence under Sections 363, 366, and 376 of the I.P.C as well as Sections 3, 4, 5 & 6 of the Protection of Children from Sexual Offences Act, 2012. The accused was brought in handcuffs. This witness examined the accused and recorded the history as narrated by him. The accused stated that on 26.6.2013 at about 1:30 PM, he had taken the victim into the toilet of a train bogie while she was standing at Platform No.5 of Bhopal Railway Station and had closed the door. He further stated that while he was violating the privacy of the victim, a "Head Saheb" arrived and apprehended him after which the police brought him for medical examination. Dr.Geeta Rani Gupta (PW-1) clarified that she was merely recording the version of the accused as narrated by him. It is pertinent to note that Pratipal Singh, learned counsel for the accused, did not conduct any cross-examination of this specialist doctor. 6 Dr.Shaji Qureshi (PW-2), Assistant Professor at Gandhi Medical College and Sultaniya Zanana Hospital, Bhopal states that on 26.6.2013, Lady Constable No.422 Karuna Singh had brought the victim, Aged about 6 years, R/o.District Jabalpur for medical examination. The victim's father had informed this witness about the incident. On internal examination, the doctor found that hymen of the victim was torn at 10 O'clock position. There were blood clots present and one finger could pass through the vagina easily. The doctor prepared a vaginal slide and handed it over to the concerned Signature Not Verified Signed by: AMIT JAIN Signing time: 21-04- 2026 16:52:29 NEUTRAL CITATION NO. 2026:MPHC-JBP:30888 4 CRA-331-2014 constable. The doctor stated that sexual activity had been performed on the victim in the immediate past.

7 The victim (PW-3) has corroborated the prosecution case and supported it. She categorically states that her privacy was violated by the appellant. She had identified the accused. There are no contradictions in her testimony. 8 The victim's father is PW-4. He has also supported the prosecution case and no contradictions were elicited in his cross-examination. 9 When the oral testimony of the prosecution is duly corroborated by Dr.Shaji Qureshi (PW-2) and Dr.Geeta Rani Gupta (PW-1), who stated that the accused himself, during his medical examination, informed her that he had violated the victim's privacy and was caught in the toilet of a train bogie, and when all the facts of the incident stand corroborated by the testimony of the victim (PW-3), Dr.Shaji Qureshi (PW-2) and the victim's father (PW-4), who had knocked at the door of the toilet of the train bogie and by Dr.Geeta Rani Gupta (PW-1), who recorded the history at the time of the victim's medical examination, we are of the opinion that the mere absence of sperm on the personal articles of the victim is not a sufficient circumstance to record a finding of acquittal in favour of the appellant. 10 When the oral testimony of the prosecution witnesses is duly corroborated and establishes the prosecution case pointing towards the guilt of the appellant, no interference is warranted with the finding of conviction of the appellant recorded by learned VII Additional Sessions Judge, Bhopal in Sessions Trial No.680/2013 vide impugned judgment dated 18.1.2014. 11 Accordingly, this appeal fails and is dismissed.

NEUTRAL CITATION NO. 2026:MPHC-JBP:30888 5 CRA-331-2014 12 Let record of the Trial Court be sent back forthwith.

                                (VIVEK AGARWAL)                            (AVANINDRA KUMAR SINGH)
                                     JUDGE                                          JUDGE
                         amit




Signature Not Verified
Signed by: AMIT JAIN
Signing time: 21-04-
2026 16:52:29