Mannu @ Mohd. Shafik vs State Of Madhya Pradesh

Submissions were made on IA No.3894/2019, which is an application for suspension of jail sentence imposed upon the appellant by the Special Judge (SC/ST), Ujjain who in a Special Case No.173/2017 vide judgement dated 26.04.2019 has convicted and sentenced the appellant as under:-

Section

Act

Imprisonment

Fine if deposited, details

Imprisonment in lieu of fine

376

IPC

10 years RI

Rs.1,000/-

1 year RI

376(2)(n)

IPC

10 years RI

Rs.2,000/-

1 year RI

366

IPC

5 years RI

Rs.500/-

6 months RI

506-II

IPC

3 years RI

Rs.500/-

6 months RI

3(2(v)

SC/ST

Life Imprisonment

Rs.5,000/-

2 years RI

As per the prosecution story, the appellant used to pursue prosecutrix whose brother worked with appellant and flirted with her. On 20.05.2017, appellant took prosecutrix in car to Ujjain on false pretext where she was forcefully taken to District Court where she was made to sign the stamp-paper for Court marriage in-front of notary. Then rape was committed upon her by the appellant which was video-graphed, the prosecutrix demanded the said video and stamps but the same was not given to her. Thereafter the prosecutrix again went to College to check her result on 30.06.2017 and the appellant again met her at the College gate and took the prosecutrix in the car to Sehore where he kept the prosecutrix from 30.06.2017 to 13.07.2017, established the physical relation again with her during this period. The missing report of prosecutrix was lodged. Subsequently, due to police pressure the appellant brought her to the Police-Station asking her to state that she had gone with him on her own volition and she was forced to state the same before the Police because she feared that her video be exposed by the appellant before the public. However, report was lodged by the prosecutrix in the Police Station-Tarana, District-Ujjain on 06.08.2017.

Learned counsel for the appellant has pointed out to Exhibit-P/6 which is a notarized document containing averments of marriage between the prosecutrix and the appellant which also contains the statements that the prosecutrix has converted to 'Islam' and has forsaken Hindu religion. It is further submitted that evidence shows that the prosecutrix being an adult woman knew the appellant for a long time and she admits in para-36 of her deposition that he used to talk to her in friendly and flirtatious manner and also used to talk to her on telephone. The prosecutrix went with him on her own volition and that she failed to raise alarm in the District Court, Ujjain and also subsequently shows her complicity with accused. Under these circumstances, suspension of sentence has been sought.

Per Contra, learned Public Prosecutor for the respondent/State has submitted that the document-Exhibit-P/6 was signed by the prosecutrix under duress and the matter was not reported earlier due to fear of the appellant and also that the appellant would make her video public. It has further been stated that the matter is extremely sensitive wherein the complainant/prosecutrix has not only been subjected to rape but the act of appellant also involves proselytism (Dharm Parivartan) which is considered as sacrilege under Indian tradition.

Considered the submissions.

Perused the original record of the case including the depositions of prosecutrix.

Without commenting on merits of the case and considering the submissions especially those made by learned counsel for the appellant, this application-IA No.3894/2019 is allowed and it is directed that on depositing the fine amount (if not already deposited) and on furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand) by the appellant-Mannu @ Shafik with one solvent surety in the like amount to the satisfaction of the trial Court for his regular appearance before the Registry of this Court on 06/09/2019 and on such other subsequent dates, as may be fixed, by the Registry, in this regard for the same purpose in future, the appellant's jail sentence be suspended and he be released on bail.

Accordingly, IA No.3894/2019 stands disposed of.

List this appeal for final hearing in due course.

Certified copy, as per Rules.