Patna High Court - Orders
Perwez Khan @ Md. Perwez @ Md. Perwez Khan vs The State Of Bihar on 1 July, 2024
Author: Ashutosh Kumar
Bench: Ashutosh Kumar, Jitendra Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.180 of 2023
Arising Out of PS. Case No.-18 Year-2021 Thana- CIVIL LINE District- Gaya
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Perwez Khan @ Md. Perwez @ Md. Perwez Khan, S/o Nezam Khan @ Md.
Nezamuddin, R/o Mohalla- New Karimganj, P.S.- Civil Line, Distt- Gaya.
... ... Appellant/s
Versus
1. The State of Bihar
2. Jyaul Hasan Khan @ Jyaullah Khan, S/o Late Vaijul Hasan Khan, R/o
Mohalla- New Karimganj road No. 16, Main Road, P.S.- Civil Line, Distt-
Gaya.
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Krishna Prasad Singh, Sr. Advocate
Mr. Manindra Kishore Singh, Advocate
For the Respondent/s : Mr. Manish Kumar No2, APP
For the Informant : Mr. Nafisuzzoha, Advocate
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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
and
HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)
10 01-07-2024We have heard Mr. Krishna Prasad Singh, learned Senior Advocate for the appellant and the learned APP for the State. The informant is represented by Mr. Nafisuzzoha, learned Advocate. Patna High Court CR. APP (DB) No.180 of 2023(10) dt.01-07-2024 2/4
2. The appellant has been convicted under Sections 376, 354D, 354C, 506 and 509 of the Indian Penal Code; Sections 4, 14 and 15(1)(2) of the POCSO Act, 2012 and Sections 66E and 67B of the Information Technology Act, 2000 vide judgment dated 07.01.2023 passed by the learned Special Judge, POCSO Court- cum-Additional Sessions Judge-VI, Gaya, Bihar in POCSO Case No. 05 of 2021 (CIS No. 05 of 2021), arising out of Civil Lines P.S. Case No. 18 of 2021. By order dated 19.01.2023, he has been sentenced to undergo R.I. for life and to pay a fine of Rs. 50,000/- under Section 4 of the POCSO Act, 2012; R.I. for eight years and to pay a fine of Rs. 10,000/- under Section 14 of the POCSO Act, 2012; fine of Rs. 5,000/- under Section 15(1) of the POCSO Act, 2012; R.I. for three years under Section 15(2) of the POCSO Act, 2012; R.I. for two years and to pay a fine of Rs. 1,000/- under Section 354C of the IPC; R.I. for three years and to pay a fine of Rs. 10,000/- under Section 354D of Patna High Court CR. APP (DB) No.180 of 2023(10) dt.01-07-2024 3/4 the IPC; R.I. for two years under Section 506 of the IPC; S.I. for one year and to pay a fine of Rs. 1,000/- under Section 509 of the IPC and imprisonment for three years and to pay a fine of Rs. 1,00,000/- under Section 66E of the IT Act, 2000. In default of payment of fine, to further undergo S.I. for six months.
3. The sentences have been ordered to run concurrently.
4. The appellant is alleged to have sexually abused the victim and also of having posted objectionable photographs on his social media account; some of which form part of the record.
5. It is the contention of the appellant that he had been working as a Driver to the informant/father of the victim and the victim got in touch with him. However, because of the displeasure of the family, she also supported the prosecution case. It is precisely for this reason, it has been argued, that the case was lodged after two years of the incident.
Patna High Court CR. APP (DB) No.180 of 2023(10) dt.01-07-2024 4/4
6. Be that as it may, considering the nature of accusation against the appellant and the materials on record, we are not inclined to suspend his sentence presently.
7. The prayer for suspension of sentence is rejected.
(Ashutosh Kumar, J) (Jitendra Kumar, J) Sauravkrsinha/ Krishna-
U T