Madhya Pradesh High Court

CRA/2012/2001 of BHOLA PRASAD VISHWAKARMA Vs THE STATE OF M.P. on 29 December 2023

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COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI

1

IN THE HIGH COURT OF MADHYA PRADESHAT JABALPURBEFORE

HON'BLE SHRI JUSTICE DEVNARAYAN MISHRAON THE 29[th] OF DECEMBER, 2023

CRIMINAL APPEAL No. 2012 of 2001

BETWEEN:-

BHOLA PRASAD VISHWAKARMA, S/O OSERI PRASADVISHWAKRMA, AGED ABOUT 35 YEARS, OCCUPATIONAGRICULTURIST, R/O VILLAGE BASOURAHA, P.SKOTWARI SIDHI (M.P)

(BY SHRI DEVDATT BHAVE - ADVOCATE)

.....APPELLANT

AND

THE STATE OF MADHYA PRADESH THROUGH STATIONHOUSE OFFICER, S.C/S.T KALAYAN THANA, SIDHI (M.P)

.....RESPONDENT

(BY SHRI S.K DUBEY - PANEL LAWYER FOR RESPONDENT/STATE)

This appeal coming on for hearing this day, th e court passed thefollowing:

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ORDER

This appeal has been filed being aggrieved with the judgment and findingdated 26.11.2001 passed in Special Case No.114/2000 by the Special JudgeSC- ST (PA) Act, Sidhi by which the appellant has been convicted for theoffence under Sections 354 & 323 and sentence to R.I of three-three monthsand the fine amount of Rs.500/- and Rs.500/- with default stipulations.

2. Learned counsel for the appellant has submitted that the case is of theyear 2000 and the appeal is pending since 2001, at that time the appellant was of35 years of age and victim was a married woman of 25 years old, no previousconviction has been proved. Hence the jail sentence be reduced to the period already undergone.

3. Learned counsel for the respondent/State has argued that if theconviction is maintained and fine amount enhanced then, he has no objection inreducing the jail sentence.

4. Consequently, appeal is partly allowed. Conviction of the appellantunder Section 354 and 323 of IPC is maintained. Jail sentence of the appellantfor offence punishable under Sections 354 & 323 is reduced to the periodalready undergone but fine amount is enhanced for the offence punishable underSection 354 from Rs. 500/- to Rs.8000/- and for offence under Section 323 isenhanced from Rs.500 to Rs.1000/-.

5. The appellant is directed to deposit the fine amount before theconcerned trial Court within 90 days from today. If the aforesaid fine amount isnot deposited within the stipulated time period, then the appellant shall undergosimple imprisonment of three months and one month respectively. The appellantis on bail, his bail bonds and surety bonds stand discharged subject to depositof aforesaid fine amount.

6. In this case, there is only one injured person and after the fine amountis deposited, under Section 357 of the Code of Criminal Procedure an amountof Rs.5,000/- shall be paid to complainant Gulabua by the trial Court.

7. Record of the trial Court be sent back immediately along with a copyof this order for information and necessary action.

SN

(DEVNARAYAN MISHRA)JUDGE

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