Madhya Pradesh High Court
Shahban Shah vs The State Of Madhya Pradesh on 8 July, 2025
Author: Vivek Agarwal
Bench: Vivek Agarwal
1 CRA-7555-2022
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 7555 of 2022
(SHAHBAN SHAH Vs THE STATE OF MADHYA PRADESH ) Dated : 08-07-2025 Shri Ram Prakash Yadav - Advocate for the appellant.
Shri Yash Soni - Deputy Advocate General for the State of M.P. Heard on I.A. No. 19723 of 2023, an application under Section 389 (1) of Cr.P.C. for suspension of remaining jail sentence and grant of bail.
Learned counsel for the appellant submits that there is delay in lodging the FIR. When prosecutrix was pregnant for five-six months an FIR was lodged. Prosecutrix was a consenting party. It is submitted that in view of such fact the appellant be given the benefit of suspension of sentence.
Shri Yash Soni, learned Public Prosecutor submits that Dakhil Kharij Register (Ex.P-9) reveals the date of birth of the prosecutrix to be 28.6.2006. At the time of incident the prosecutrix was about fourteen years of age. It is further submitted that PW-10 has proved this Dakhil Kharij Register. PW-2, mother and PW-3 father of the prosecutrix were not cross-examined on the aspect actual age of the prosecutrix and in view of such fact since prosecutrix was minor, there cannot be any consent of the minor, therefore opposes the prayer for grant of suspension.
At this stage, learned counsel for the appellant prays for and is allowed to withdraw I.A. No. 19723 of 2023.
Accordingly, I.A. No. 19723 of 2023 is dismissed as withdrawn.
(VIVEK AGARWAL) (AVANINDRA KUMAR SINGH)
JUDGE JUDGE
bks
Signature Not Verified
Signed by: BASANT KUMAR
SHRIVAS
Signing time: 09-07-2025
11:16:42