State of Madhya Pradesh Versus Sheikh Sadik

Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

Criminal Appeal, 1994 of 1997, Judgment Date: Aug 20, 2018

Law Laid Down:

The presumption of correctness of date of birth in the matriculation certificate cannot be disputed on the basis of approximate age given by the doctor who medico-legally examined the victim - Supreme Court decision reported as (2013) 7 SCC 263 (Jarnail Singh vs. State of Haryana) - followed.

The prosecutrix was staying in the house of the accused, who were providing her education, food, clothes and residence as her parents could not pay the fee of the school. Under such immense pressure and obligations of the family, she did not muster courage to lodge complaint soon after she was violated for the first time.

Therefore, with threat of possible defamation, hindrance in her marriage and lack of knowledge of the fact that she is pregnant, it is not a case of consent. The Court cannot absolve the accused of an offense committed against such an innocent girl.

The accused has exploited the victim taking advantage of her poverty and the fact that his wife has given refuge to the victim for the purposes of education. He has breached her confidence as well. Under such circumstances, the accused is sentenced to undergo rigorous imprisonment for life for the offense Section 376 of IPC.

State of Madhya Pradesh Versus Sheikh Sadik