Allowed

Mohd. Hanif Ahmad Shaikh v. the State of Maharashtra and Anr.

Bombay HC23 Jul 2019APPA/252/2019

Case brief

AI extract

What is this about?

The High Court released the applicant, the father of the victim in a POCSO case where the son was convicted, on bail. The Court considered the victim’s history of running away, alleged domestic assault, and existing marriage while granting bail under specific conditions.

What did the court decide?

The applicant was released on bail by furnishing a bond of Rs. 20,000/ with sureties and complying with reporting and address verification conditions.

Mohd. Hanif Ahmad Shaikh Vs the State of… — Child Sexual Offences (POCSO) | Bombay HC (2019)

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1 appa-252.19.docx

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pmw

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL APPLICATION NO.252 OF 2019 IN

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CRIMINAL APPEAL NO.1539 OF 2018

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Mohd. Hanif Ahmad Shaikh Versus

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… Applicant

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The State of Maharashtra & Anr. … Respondents

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Mr. Aniket Vagal for the Applicant. Ms. M.H. Mhatre, APP for the Respondents.

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CORAM : B.P. DHARMADHIKARI & MRS. SWAPNA S. JOSHI, JJ.

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DATE : 23^rd JULY, 2019.

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P.C. :

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1 Accused no.2 father of victim is before this Court seeking release of bail.

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2 The Special Court (POCSO) at Fort, Greater Bombay has in POCSO Case No.363 of 2014 vide judgment delivered on 29^th September 2017 convicted accused no.1 and present applicant for offences under sections 354, 376(2)(f) and 506 (Part-II) of IPC read with sections 6 and 10 of POCSO Act and accordingly sentenced to suffer life imprisonment and to pay fine of sum of Rs.50,000/- or in default to suffer RI for six months more.

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2 appa-252.19.docx

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3 After hearing the respective counsel, we find that the victim a school going child had friendship with boys and girls. It appears that she had special relations with a particular boy and family did not permit her to have friendship with him. She therefore left the house and did not return back. Her deposition shows that she was under stress, slept at railway station and disclosed to everybody that because she was not permitted to marry boy of her choice she had left the house.

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4 She has returned to family after about 7 months. It appears from deposition of her mother that she made a phone call to her mother and then during that call her mother and father both requested her to come back. The mother also tells that father used to scold her for not studying properly. During period of 7 months she stayed with accused no.1. She claims that accused no.1 was aware of her age and therefore did not permit her to move out. She was found to be pregnant and the abortion took place. PW10 – Doctor and other material shows that after DNA analysis accused no.1 was found to be father of aborted child. Evidence of PW6 shows that when as Doctor she obtained history, rape by father was disclosed to be in February 2013. This Doctor stated that victim had ran away and claimed to be married in October 2013.

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5 PW7 other Doctor was informed by victim of said assault by father since July 2013. PW1 mother has in paragraphs 2 and 3 pointed out that after coming back from house of accused no.1 for the first time, she disclosed about sexual assault by father.

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3 appa-252.19.docx

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6 There is material variance in the mode and manner of assault as deposed by victim and as disclosed by her to PW1.

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7 It appears that during the pendency of this matter she is already married.

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8 We find that present applicant was annoyed because victim was not studying and when she made phone call, both parents requested her to come back. A missing report was already lodged. In this situation, we find applicant entitled to be released on bail on following terms and conditions :

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ORDER

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(i) The applicant shall be released on bail on his furnishing PR bond in the sum of Rs.20,000/- with one or two sureties in the like amount;

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(ii) He shall also place on record on affidavit address at which he shall be always available during pendency of this appeal with his contact number;

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(iii) Similar details in relation to his surety/s shall also be furnished;

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(iv) He shall report on first working Monday once after gap of two months to Superintendent/Registrar in the trial Court;

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4 appa-252.19.docx

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(v) Failure to observe terms and conditions of this order shall entitle respondent to take him in custody;

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(vi) Application is accordingly allowed and disposed of.

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(MRS. SWAPNA S. JOSHI, J.)

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(B.P. DHARMADHIKARI, J.)

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Mohd. Hanif Ahmad Shaikh v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Mohd. Hanif Ahmad Shaikh v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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