Sagar vs The State Of Madhya Pradesh
2021 Latest Caselaw 8682 MP

1 CRR-494-2021 The High Court Of Madhya Pradesh CRR No. 494 of 2021 (SAGAR Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 13-12-2021 Shri Raman Patel, counsel for the petitioner.

Shri Yogesh Mishra, panel lawyer for the State. Heard.

This criminal revision has been filed by the petitioner under Section 397/401 of the Cr.P.C. against the judgment dated 28/09/2020 passed by the

learned Additional Session Judge, Itarsi, District Hoshangabad, M.P. in Cr.A.No.185/2015 whereby the appellant petitioner was convicted under Section 354 of the IPC and has been sentenced to undergo RI for a period of 2 years with fine in the sum of Rs.2,000/- with default Stipulation.

The case of the prosecution before the trial Court was that the prosecutrix lodged a report on 24.03.2012 alleging that the applicant has tried to outrage her modesty on 24.03.2012 at about 7.08 pm when she opposed then the applicant fled away from the spot threatening the prosecutrix about her life. On the report made by the prosecutrix, offence under Section 354 of

the IPC was registered by the police station Itarsi, District Hoshangabad.

Learned counsel for the petitioner submits that there is a delay in lodging the FIR as the incident has taken place on 24.3.2012 and the police station was near the place of the incident. It is further submitted that the prosecutrix was stealing the grass from his field therefore, this false case of outraging the modest has been lodged by the prosecutrix. The petitioner and the prosecutrix are the friend and there is a family dispute between them and there is no eye witness to the incident. All the prosecution witnesses have turned hostile and have not supported the case of the prosecution at all. The prosecutrix has also given contradictory statement even the FIR is also highly contradictory. It is further submitted by the learned counsel for the petitioner that the sentence awarded by the Court below is too abundant, therefore, it has been prayed by the learned counsel for the petitioner that the sentence 2 CRR-494-2021 awarded by the Court may kindly be reduced from 2 years to 1 year.

Learned PL for the State on the other has supported the impugned judgment and opposed this criminal revision.

However, keeping in view the facts and circumstances of the case in their entirety, particularly looking to the fact that the case is of the year, 2012

and the Court below has awarded a sentence of 2 years RI with a fine of Rs.2,000/- and appellant is in jail, in the opinion of this Court, it would be appropriate to reduce the sentence of the appellant from 2 years RI to 1 year RI and the fine in the sum of Rs.2,000/- to Rs.5,000/-.

Accordingly, this criminal revision stands disposed of.

(ARUN KUMAR SHARMA) JUDGE

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Signature Not Verified SAN

Digitally signed by JITENDRA KUMAR PAROUHA Date: 2021.12.17 15:56:10 IST