Jharkhand High Court
Manoj Soren vs The State Of Jharkhand on 1 December, 2021
-1-
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No.75 of 2020
With
I.A. No.6631 of 2021
Manoj Soren
@ Manoj Abraham Soren ...... Petitioner
Versus
The State of Jharkhand ...... Opp. Party
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
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For the Petitioner : Mr. Nilesh Kumar, Advocate
For the State : Mr. Ravi Prakash, A.P.P
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The matter was taken up through Video
Conferencing. Learned counsel for the parties had no
objection with it and submitted that the audio and video
qualities are good.
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st
08/Dated: 01 December, 2021
1. The present revision application has been filed against
the judgment dated 16.12.2019 passed by the court of
learned Sessions Judge, Dumka in Cr. Appeal No.18 of 2019
affirming the judgment of conviction and order of sentence
dated 22.02.2019, passed by the court of learned Judicial
Magistrate, 1st Class, Dumka in G.R. Case No.73 of 2008 (T.R.
No.511 of 2019), whereby the petitioner has been found
guilty for the offence under Sections 323 and 341 of the
Indian Penal Code and sentenced to undergo simple
imprisonment for one year with fine of Rs.500/- for the
offence under Section 323 of the I.P.C and simple
imprisonment for one month with fine of Rs.300/- for the
offence under Section 341 of the I.P.C with the default clause.
2. Heard learned counsel for the petitioner and learned
A.P.P
3. On perusal of the record, it appears that the criminal
law was put in motion alleging that this revisionist had
assaulted the informant by slapping her on 12.01.2008.
Altogether five witnesses have been examined and
considering the evidence of the witnesses including the
informant, the petitioner has been convicted for the offence
under Sections 323 and 341 of the Indian Penal Code by the
trial court, which has been upheld by the appellate court
below.
It has been submitted by the learned counsel for the
revisionist that he is challenging the sentencing part only. The
matter is of the year 2008 and the revisionist has suffered a
lot for a long period. The petitioner is in custody since
13.09.2021, i.e., about two and half months. In view of the
above facts submission has been advanced for modification of
the sentencing part of the impugned order.
4. Considering the nature of allegation and the period of
litigation, this Court considers it fit case to reduce the period
of sentencing part to the period already undergone by the
revisionist. However, the fine amount as imposed by the court
below is hereby enhanced to Rs.5,000/- (Five thousand), to be
paid to the informant.
Accordingly, the judgment dated 16.12.2019 passed by
the court of learned Sessions Judge, Dumka in Cr. Appeal
No.18 of 2019, affirming the judgment of conviction and
order of sentence dated 22.02.2019, passed by the court of
learned Judicial Magistrate, 1st Class, Dumka in G.R. Case
No.73 of 2008 (T.R. Case No.511 of 2019), is modified to the
extent that the sentence is reduced to the period already
undergone by the petitioner, with the condition that the
revisionist will deposit the enhanced fine amount of
Rs.5,000/- at the time of his release in the court below. On
non-payment of the enhanced fine amount, he shall suffer
simple imprisonment for 15 days. The fine amount so
deposited will be disbursed in favour of the informant. The
court below shall issue the release order accordingly.
5. With the above modification of the sentence, the
present criminal revision and I.A. No.6631 of 2021 stand
disposed of.
(Rajesh Kumar, J.)
Chandan/-
