Mohsin @ Vasim Khan vs The State Of Madhya Pradesh
2022 Latest Caselaw 6488 MP

                                                                             1
                                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                                    AT INDORE
                                                                     CRA No. 4627 of 2019
                                                         (MOHSIN @ VASIM KHAN Vs THE STATE OF MADHYA PRADESH)

                                       Dated : 29-04-2022
                                              Shri Abhishek Malviya, learned counsel for the appellant.

                                              Shri K.K.Tiwari, Public Prosecutor for respondent/State.

Heard on I.A.No.15373/2021, which is 2nd application for suspension of jail sentence of appellant who has been convicted by the Special Judge SC/ST (Prevention Atrocities) Act vide judgment dated 2.5.2019 for commission of offence punishable under Section 450 of IPC, sentenced to undergo 5 years RI

with fine of Rs.500/-, under Section 506(2) of IPC, sentenced to undergo 1 year RI with fine of Rs.200/-, under Section 376(2)(1) of IPC, sentenced to undergo 10 years RI with fine of Rs.2000/-, under Section 3(ii)(v) of SC/ST (Prevention of Atrocities) Act, sentenced to undergo life imprisonment with fine of Rs.2000/- and under Section 3(i)(12) of SC/ST (Prevention of Atrocities) Act, sentenced to undergo 1 year RI with fine of Rs.200/- with default stipulation on each count.

As per prosecution story, this appellant has committed rape upon the prosecutrix who is disabled from both the legs on 18.09.2014. Her mother noticed that she became pregnant then she disclosed that this appellant has committed rape

upon her against her wish. She was taken to the hospital at that time on admission she recorded the name of the appellant as father of the child. She delivered a child and gave it to her brother. FIR was registered and he was prosecuted under the above mentioned provisions of IPC as well as the provisions of SC/ST (Prevention of Atrocities) Act.

Learned counsel for the appellant submits that appellant has been falsely implicated in the alleged offence in order to blackmail. There is a delay of 8 to 9 months. There is no DNA report. Hence, it is prayed that application for suspension of jail sentence be allowed.

Learned Public Prosecutor for State opposed the prayer for suspension and prays for its rejection.

Signature Not Verified SAN The prosecutrix has duly identified the appellant. There is 164 Cr.P.C statement as well as Court statement also. So far delay in FIR is concerned, it is Digitally signed by SHAILESH MAHADEV SUKHDEVE Date: 2022.04.30 12:09:58 IST

immaterial because in such type of cases, the victims hesitate to disclose this incident to the family member. When she became pregnant, the mother noticed the fact that she is a pregnant. So far conviction under Section SC/ST (Prevention of Atrocities) is concerned, for which he has been sentenced to undergo life

imprisonment, which will be duly considered after ten years because he has been sentenced under Section 376(2)(1) of IPC.

On due consideration of the aforesaid, no case for grant of suspension of jail sentence as prayed by the appellant is made out.

Accordingly, I.A.No.15373/2021 is rejected.

                                          (VIVEK RUSIA)                                  (AMAR NATH (KESHARWANI))
                                              JUDGE                                               JUDGE

                                       SS/-




Signature Not Verified
  SAN




Digitally signed by SHAILESH MAHADEV
SUKHDEVE
Date: 2022.04.30 12:09:58 IST