Mohd. Ashraf vs State of U.P. Thru. Prin… — Child Sexual Offences (POCSO) | Allahabad HC (2026)

Mohd. Ashraf vs State of U.P. Thru. Prin… — Child Sexual Offences (POCSO) | Allahabad HC (2026)

What the court decided

AI extract

Outcome

No relief on merits; appeal remains pending. Appellant directed to implead complainant/victim, High Court Legal Services Authority (Lucknow Bench) and Child Welfare Committee, District Lucknow as respondents; matter listed fresh for hearing on 24.04.2026.

Issue for consideration

Whether the sentence of 20 years' rigorous imprisonment imposed under Section 376D IPC without a separate sentence for the charge under Sections 5G/6 POCSO Act (in view of Section 42 POCSO) requires interference on appeal. +1 more

Key takeaways

The Court directed learned counsel for the appellant to implead the complainant/victim, the High Court Legal Services Authority (High Court Lucknow Bench, Lucknow) and the Child Welfare Committee, District Lucknow as respondents in the array of parties in the memo of appeal during the course of the day; no adjudication on the merits of the appeal was made.¶16

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No. 27 (Ram Manohar Narayan Mishra, J.), Criminal Appeal No. 722 of 2026 under Sections 374(2)/389 CrPC filed by Mohd. Ashraf against the judgment and order dated 19/01/2006 (as printed in the order) of the Additional District and Sessions Judge/Special Judge, POCSO Act, Lucknow in Sessions Trial No.559 of 2019 (State versus Mohd. Imran and others; arising out of Case Crime No.146 of 2019, Police Station Naka, District Lucknow), whereby the appellant was convicted under Section 376-D IPC and 5G/6 POCSO Act and sentenced to 20 years' rigorous imprisonment with a fine of Rs. 10,000/- (default: three months additional simple imprisonment), and acquitted of the charges under Section 328 IPC and 3(2)(v) of the SC/ST Act. Counsel for the appellant contended that no separate sentence had been awarded for the charge under Section 5G/6 POCSO Act in view of Section 42 of the POCSO Act. The Court decided nothing on merits: it directed impleadment of the complainant/victim, the High Court Legal Services Authority (Lucknow Bench) and the Child Welfare Committee, District Lucknow as respondents, and listed the appeal fresh for 24.04.2026. No precedent was cited or discussed.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL APPEAL No. - 722 of 2026

Mohd. Ashraf

.....Appellant(s)

Versus

State Of U.P. Thru. Prin. Secy. Deptt. Home Lko.

.....Respondent(s) Counsel for Appellant(s) : Saurabh Upadhyay, Rajendra Kumar Dubey Counsel for Respondent(s) : G.A.

Court No. - 27

HON'BLE RAM MANOHAR NARAYAN MISHRA, J.

Heard learned counsel for the appellant, learned AGA for the State respondent and perused the record.

Instant criminal appeal, under Section 374(2) / 389 CrPC, has been preferred against the judgment and order dated 19/01/2006 passed by the Additional District and Sessions Judge/ Special Judge, POCSO Act, Lucknow in Sessions Trial No.559 of 2019, arising out of Case Crime No.146 of 2019, under Sections 376D, 328 IPC and 5/6 POCSO Act and 3(2)(v) of the SC/ST Act, Police Station Naka, District Lucknow, State versus Mohd. Imran and others, whereby the appellant (Mohd. Ashraf) has been convicted under Section 376-D IPC and 5G/6 POCSO Act and sentenced to 20 years of rigorous imprisonment for the offense under section 376D IPC, along with a fine of Rs. 10,000/- and in default of payment of the fine, three months additional simple imprisonment. The appellant has been acquitted of the charge under Section 328 IPC and 3(2)(v) of the SC/ST Act.

Learned counsel for the appellant submitted that the trial court has sentenced the appellant for the charges under section 376D for 20 years ' rigorous imprisonment and along with fine and no sentence has been awarded for charge under Section 5G/6 POCSO Act in view of provisions of Section 42 of the POCSO Act.

Learned counsel for the appellant is directed to implead the

CRLA No. 722 of 2026

2

complainant/victim, High Court Legal Services Authority, High Court Lucknow Bench, Lucknow and Child Welfare Committee, District Lucknow, as respondents in the array of parties mentioned in the memo of appeal during the course of the day.

List on 24.04.2026 as fresh.

(Ram Manohar Narayan Mishra,J.)

March 17, 2026 KR

Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench