Shajid Shah @ Fakir vs The State Of Madhya Pradesh
2022 Latest Caselaw 8367 MP

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            IN THE HIGH COURT OF MADHYA PRADESH
                          AT INDORE
                                    BEFORE
                HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                           &
           HON'BLE SHRI JUSTICE AMAR NATH (KESHARWANI)

                            ON THE 23th OF JUNE, 2022

                      CRIMINAL APPEAL No. 4567/2018
         (SHAJID SHAH @ FAKIR Vs. STATE OF MADHYA PRADESH)
         Shri     Z.A.Khan,    learned     senior       counsel   along     with     Shri
R.C.Gangare, learned counsel for the sole appellant- SHAJID SHAH @
FAKIR.
         Shri     Bhaskar     Agrawal,      learned       Govt.Advocate        for      the

respondent/State.

Heard on I.A. No.4177/2022 which is first application for suspension of sentence filed under section 389(1) of the Cr.P.C. on behalf of sole appellant- SHAJID SHAH @ FAKIR.

The appellant has been convicted and sentenced vide judgment dated 28.04.2018 in Session Trial No.600224/2016 passed by Sessions Judge, District Shahjapur as below:-

  Conviction                                        Sentence
Section Act          Imprisonment Fine deposited details Imprisonment
                                                         in lieu of Fine
363         IPC      5 years R.I                    Rs.2,000/-            6 months R.I
366-A       IPC      5 years R.I                    Rs.2000/-             6 months R.I
376(2)(n) IPC        10 years R.I                   Rs.5,000/-             1 year R.I
376(2)      IPC      10 years R.I                   Rs.5,000/-             1 year R.I
(I)
506-B       IPC      3 years R.I                    Rs.2,000/-            6 months R.I
IPC
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5(L) read POCSO 10 Years R.I                  Rs.5,000/-       1 years R.I
with 6
3(2)(5)   SC/ST   Life                        Rs.5000/-        1 years R.I
                  imprisonment

The prosecution story is that on 05.03.2015, prosecutrix went to Soyat for labour work when present appellant namely Sajid Shah took prosecutrix with him at his house and she was subjected to rape on several occasion on the pretext of marriage. It is also stated that the appellant threatened prosecutrix of dire consequences. On 09.03.2016, when the prosecutrix asked the appellant to marry her, the appellant denied and threatened to publicize her photographs, if she disclosed the incident to anyone.

Counsel for the appellant submits that the prosecutrix has deposed that she had lodged the report at the instance of her mother and maternal uncle. He further referred to the statement of Mohanlal PW-8, who stated that he had recorded the date of birth of the prosecutrix on the basis of information given by parents of the prosecutrix and therefore there is no concrete evidence to establish that the prosecutrix was less than 16 years.

Upon perusal of the statement of the prosecutrix, she has made specific allegation of being subjected to sexual intercourse by appellant on the pretext of promise of marriage. In para 11 of her statement she has specifically denied the suggestion made by the defence that the appellant had not committed any rape with her and she was making false statement. Apart from that upon perusal of the statement of Mohanlal PW-8, it is stated that the age of the prosecutrix as per the scholar register was less than 16 years on the date of commission of rape. Counsel for the respondent/State has further drawn the attention of this Court on Exhibit P-5 the 8th Class Mark sheet of the prosecutrix in which her date of birth is

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recorded as 03.07.2000. Thus, the prosecution has clearly established that on the date of commission of the offence, the age of prosecutrix was less than 16 years.

We do not find any reasons to disbelieve the statement of the prosecutrix and therefore, no case is made out for grant of suspension of sentence.

I.A. No.4177/2022 an application for suspension of sentence filed on behalf of sole appellant- SHAJID SHAH @ FAKIR stands dismissed.

       (VIJAY KUMAR SHUKLA)                (AMAR NATH (KESHARWANI))
          JUDGE                                JUDGE

das   Digitally signed by
      REENA PARTHO SARKAR
      Date: 2022.06.23
      17:02:05 +05'30'