Bombay High Court
Rijwan @ Ramjan Shah @ Rijju ... vs The State Of Mah. Thr. Pso Ps ... on 12 April, 2022
Bench: V.M. Deshpande, Amit B. Borkar
appa138.22 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (APPA) NO. 138/2022
IN
CRIMINAL APPEAL NO. 102/2022
Rijwan @ Ramja Shah
...VERSUS...
State
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders or directions
and Registrar's orders
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Shri M. Badar, Advocate for the Applicant/Appellant(s)
Ms. M.A. Barabde, APP for the Non-applicant/Respondent - State
CORAM : V.M. DESHPANDE & AMIT BORKAR, JJ.
APRIL 12, 2022
Heard learned Advocate for the Applicant and
learned APP for the Non-Applicant/State on this
Application for suspension of substantive jail sentence and
for grant of bail.
The victim in the present case has lodged the
report (Exhibit No. 32). From the report itself, it is clear
that the sexual relations between the Applicant and the
victim were going on from May, 2018 and the report is
lodged on 21/01/2019. The crux of the matter in this case
is the age of the victim inasmuch as if it is conclusively
proved that the victim is minor, then the consent has no
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meaning. Therefore, the Court has concentrated in respect
of the age of the victim for deciding this Application.
The Prosecution has examined one Sachin
Katyarmal, who was a Clerk in the Office of Registrar,
Birth and Death, Muncipal Council, Dhamangaon
Railway as PW3. As per his evidence and in the
examination-in-chief itself, he has stated that at page
No. 280 at Serial No. 338 of the Birth and Death
Registration Register of 2004, there is an entry regarding
the birth date of the victim as 18/06/2004. He submits
that the said entry was taken on 30/06/2004. According to
this witness, the Office has received the relevant
information from the Rural Hospital, Dhamangaon
Railway. What is important to note is that as per his
evidence, he has stated that the names of the parents were
mentioned as "Kisanrao Mahadeorao Parise and Rekha
Kisan Parise". The First Information Report would show
that the name of the father of the victim is Narayanrao
and not Kisanrao. Further, what is important to note is
that from the evidence of Sachin, it is clear that on
07/02/2019 i.e. after the registration of the crime,
Narayanrao filed an Application with the Municipality to
correct the name from Kisanrao to Narayanrao. In our
view, this is sufficient to hold that the Prosecution has not
conclusively proved the age of the victim. We have already
observed that looking to the nature of the evidence, it is
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clear that if that be so, the relations between the victim
and the Applicant were consensual in nature.
Resultantly, we pass the following order:-
(a) The Application is allowed.
(b) The judgment and order of conviction passed
by the learned Additional Sessions Judge,
Akola in S.T. 33/2019 convicting the
Applicant for the offences punishable under
Sections 376(3), 354D & 506 of the Indian
Penal Code & Sections 4, 8 & 12 of the
Protection Of Children From Sexual
Offences Act, 2012 shall stand remain
suspended during the pendency of the
Appeal.
(c) The Applicant - Rijwan @ Ramjan Shah @
Rijju Bismilla Shah be released on bail on he
executing P.R. Bond of Rs. Five Thousand
with one solvent surety of the like amount.
(d) The Applicant is directed to mark his
presence once in six months at Police Station
Murtizapur (City), Akola during the
pendency of the Appeal.
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(e) The Applicant shall remain personally
present before this Court at the time of final
hearing of the Appeal.
With this, the Application is allowed and
disposed of.
(JUDGE) (JUDGE)
Signed By:AKRAM PARVEZ
MAQSOOD AHMAD ANSARI
Private Secretary to Hon'ble Judge
Signing Date:12.04.2022 17:29
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