Sheikh Sakee vs The State Of Madhya Pradesh
2023 Latest Caselaw 16591 MP

                                                            1
                           IN     THE      HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                   BEFORE
                              HON'BLE SHRI JUSTICE ROOPESH CHANDRA VARSHNEY
                                              ON THE 9 th OF OCTOBER, 2023
                                           CRIMINAL APPEAL No. 3426 of 2017

                          BETWEEN:-
                          SHEIKH SAKEE S/O SHEIKH BASARAT, AGED ABOUT 28
                          YEARS, R/O NEAR NADEEM KIRANA, AZAD NAGAR, P.S
                          GANPATI NAKA, (MADHYA PRADESH)

                                                                                        .....APPELLANT
                          (BY MS. INDU PANDE - ADVOCATE )

                          AND
                          THE STATE OF MADHYA PRADESH THR. P.S GANPATI
                          NAKA BURHANPUR (MADHYA PRADESH)

                                                                                      .....RESPONDENT
                          (BY SHRI AKHILENDRA SINGH - GOVERNMENT ADVOCATE )

                                This appeal coming on for admission this day, th e court passed the
                          following:
                                                             ORDER

This appeal under Section 374(2) of the Code of Criminal Procedure,

1973 (for short "Cr.P.C") is being aggrieved by the judgment of conviction and sentence dated 12/08/2017 passed by Third Additional Sessions Judge, Burhanpur, District Burhanpur in Special S.T. No. 64/2015, whereby appellant has been convicted for commission of offence punishable under Sections 376(2)(Jha) and 506 (II) of IPC and Section 5(Da)/ L of Protection of Children from Sexual Offences Act, 2012 and sentenced him to undergo RI for 10 years, 1 year RI and 10 years RI and directed to pay fine amount of Rs.5,000/-, Rs.1000/- and Rs.5000/- respectively for each offence with usual default Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 10-Oct-23 10:23:14 AM

stipulation.

02. Relevant facts, briefly stated are that on the basis of report lodged by complainant Crime No. 241/2015 has been registered against the appellant at Police Station Ganapati Naka, District Burhanpur for commission of Offence punishable under Sections 376 (2)(Jha) and 506-II of IPC and under Section 5(Da) /6 of Protection of Children from Sexual Offences Act, 2012. After completion of investigation, charge-sheet has been filed before the competent Court.

03. After recording the statements of prosecution witnesses and appreciating the evidence lead by parties, learned trial Court found the appellant guilty for

commission of offence punishable under Sections 376(2)(Jha) and 506 (II) of IPC and Section 5(Da)/ L of Protection of Children from Sexual Offences Act, 2012 and sentenced him as mentioned above. Being aggrieved with the impugned judgment, the appellant has preferred this criminal appeal before this Court. .

04. Learned counsel for the appellant has expressly gave up his challenge to the findings of the Court below so far as is the conviction of the appellant is concerned. In other words, the learned counsel for the appellant accepted the finding of conviction passed against the appellant, however, he challenged the quantum of punishment (ten years R.I) alone. It is submitted that the appellant is young boy of aged about 28 years and is the only earning person in his family, he is the first offender and counsel assures that he will not involve in such criminal activities in future. It is also submitted that having regard to all circumstances which resulted in appellant's conviction and further keeping in view the fact that the appellant was facing the trial before the concerned Court for more than 8 years and has served more than 9 years and 8 1/2 months jail Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 10-Oct-23 10:23:14 AM

sentence therefore, he prayed that his jail sentence be reduced suitably.

05. Learned Public Prosecutor for the respondent State has submitted that after appreciating the evidence produced by the prosecution, the Courts below have rightly found guilty the petitioner for the aforesaid offence, therefore, no grounds are available for reducing the jail sentence awarded to the petitioner, hence, he prayed for dismissal of the revision petition.

06. Having heard learned counsel for the parties and on perusal of entire record of the case, I am inclined to allow this appeal in part upon finding some force in the submissions made by the learned counsel for the appellant.

07. Though the appellant has not made any attempt to assail the finding of his conviction on merits, yet with a view to satisfy myself as to whether the findings of the Courts below of conviction is legally sustainable or not, I perused the record and especially therein having so perused, I am satisfied that no case is made out to interfere in the findings of the Courts below on merits. From the perusal of the record, it reveals that FIR was registered promptly and the complainant Mushtakh Ahmad (PW 2) has fully supported the prosecution story, which is also corroborated with the statements of Aliaz Ahmad (AW 8), Mohd. Aleem (AW 10), Mohd. Arif (AW 11), Neha Sankadiya (AW 6), Abdul Sakur (AW 9) and Dr. Nazhat J.H. Daud (PW 4) therefore, upheld the findings of conviction under Sections 376(2)(Jha) and 506 (II) of IPC and Section

5(Da)/ L of Protection of Children from Sexual Offences Act, 2012 recorded by the Courts below.

08. Now the question arises as to whether the appellant's sentence should be reduced and if so, to what extent as urged by the learned counsel for the applicant.

Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 10-Oct-23 10:23:14 AM

09. So far as the period of sentence is concerned, I am of the considered opinion that looking to the fact that the appellant is a young boy of aged about 28 years and he has already suffered more than 9 yeas and 8 months custodial sentence and the counsel assures that in future the appellant will not involve in any such offence, therefore, this Court is of the view that the jail sentence awarded to the appellant deserves to be and is hereby reduced to the period of already undergone by him, subject to depositing fine amount imposed by learned trial by the appellant within 30 days from today. In default of payment of enhanced fine amount, the applicant shall suffer 2 months R.I.

10. The appellant is in jail, therefore, he be released forthwith if not required in any other case.

11. With the aforesaid modification, present criminal appeal stands partly allowed and disposed of.

Let a copy of this order alongwith record be sent to the court below for information and necessary compliance.

Certified copy as per Rules.

(ROOPESH CHANDRA VARSHNEY) JUDGE skt

Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 10-Oct-23 10:23:14 AM