Bhanwarlal vs The State Of Madhya Pradesh
2022 Latest Caselaw 16085 MP

                                                              1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                    BEFORE
                                 HON'BLE SHRI JUSTICE RAJENDRA KUMAR (VERMA)
                                              ON THE 5 th OF DECEMBER, 2022
                                            CRIMINAL REVISION No. 1221 of 2014

                           BETWEEN:-
                           BHANWARLAL S/O MOHANLALJI BAGRI, AGED ABOUT
                           30  YEARS, OCCUPATION: LABOUR, R/O VILLAGE
                           BANIKHERI, TEH. JAORA, DISTRICT RATLAM
                           (MADHYA PRADESH)

                                                                                          .....PETITIONER
                           (SHRI GAURAV LAAD, LEARNED COUNSEL FOR THE PETITIONER)

                           AND
                           THE STATE OF MADHYA PRADESH THRU. P.S.
                           INDUSTRIAL AREA, JAORA, DISTRICT RATLAM
                           (MADHYA PRADESH)

                                                                                 .....RESPONDENT/STATE
                           (MS. VARSHA THAKUR, LEARNED DY. G.A. FOR THE
                           RESPONDENT/STATE)

                                 This revision coming on for hearing this day, th e court passed the
                           following:
                                                               ORDER

With consent of the parties heard finally.

This criminal revision under Section 397/401 of Cr.P.C.has been filed by the petitioner being aggrieved by the judgment dated 27/09/2014, passed by the learned First Additional Sessions Judge, Jaora , District Ratlam(M.P.) in Cri.A. No.107/14 dismissing the appeal against the judgment dated 17/07/2014, passed by the learned Judicial Magistrate First Class, Jaora in Criminal case No.1741/10, whereby the petitioner has been convicted for offence under Section 354 of IPC and sentenced to 3 months S.I. with fine of Rs.100/- with Signature Not Verified Signed by: PREETHA NAIR Signing time: 06-12-2022 15:11:40

default stipulation.

The petitioner has preferred this criminal revision on several grounds, but during the course of arguments, learned counsel for the petitioner did not press this revision on merit and not assails the finding part of judgment. He confines his argument on the point of sentence only and prays that since the petitioners have already undergone 20 days in jail incarceration, his sentence be reduced to the period already undergone. The allegation against the petitioner was that he tried to outrage the modesty of the prosecutrix/victim. It is further submitted that the petitioner deserve some leniency as the petitioner already suffered the ordeal of the trial since 2010 i.e.for a period of 12 years. It is further submitted

that this petition be partly allowed and the sentence awarded to the petitioner be reduced to the period already undergone by enhancing the fine amount.

Learned counsel for the State on the other hand supports the impugned judgment and prays for dismissal of this revision.

Having considered the rival submissions and on perusal of the record, the submission of the learned counsel for the petitioner appears to be just and proper. Hence, finding force in the contention raised by the learned counsel for the petitioner, and the fact that the petitioner suffered the ordeal of criminal case since 2010, this Court finds it expedient to partly allow this revision petition by affirming the conviction of the petitioner, however, reducing the sentence to the period already undergone by increasing the fine amount.

Accordingly, this revision petition is partly allowed and the sentence awarded to the petitioner is hereby reduced to the sentence already undergone by increasing the fine amount to Rs.10,000/-, which shall be paid within a period of two months from today, out of which Rs.5,000/- be paid to prosecutrix/victim. Since the petitioner is already on bail, his bail bond stand discharged. It is made Signature Not Verified Signed by: PREETHA NAIR Signing time: 06-12-2022 15:11:40

clear that if the petitioner fails to comply with the conditions as stipulated by this Court, as aforesaid, then the order of the appellate Court shall be revived and petitioner shall suffer the jail sentence as already imposed by the appellate Court.

A copy of this order be send to the concerned trial Court for necessary compliance.

C.C.as per rules.

(RAJENDRA KUMAR (VERMA)) JUDGE

Signature Not Verified Signed by: PREETHA NAIR Signing time: 06-12-2022 15:11:40