Balram vs The State Of Madhya Pradesh
2022 Latest Caselaw 16807 MP

                                                            1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                    BEFORE
                                 HON'BLE SHRI JUSTICE RAJENDRA KUMAR (VERMA)
                                             ON THE 19 th OF DECEMBER, 2022
                                            CRIMINAL APPEAL No. 10583 of 2019

                           BETWEEN:-
                           BALRAM S/O KHILLU PRASAD SOLANKI AHIRWAR,
                           AGED ABOUT 36 YEARS, OCCUPATION: LABOUR GRAM
                           BHATEWARA KALA,      POST   KILHOWA,   THANA
                           CHARKHORI, DIST. MAHOBA (UTTAR PRADESH)

                                                                                        .....APPELLANT
                           (SHRI RAKESH KUMAR AHIRWAR, LEARNED COUNSEL ENTERED
                           APPEARANCE ON BEHALF OF SHRI C.P. PUROHIT, ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THRU. P.S. BAG,
                           TEH. KUKSHI, DIST. DHAR (MADHYA PRADESH)

                                                                               .....RESPONDENT/STATE
                           (SHRI R.S.BAIS G.A. FOR THE STATE)

                                 This appeal coming on for hearing/orders this day, the court passed the
                           following:
                                                        JUDGMENT

With the consent, heard finally.

This criminal appeal is preferred under Section 374 of Cr.P.C. by the appellant being aggrieved by the judgment dated 18/10/2019, passed by the learned Additional Sessions Judge, Kukshi, District - Dhar in S.T. No.30/2019 whereby, the appellant is convicted under Section 7/8 of the POCSO Act, 2012 and sentenced to RI for 4 years with fine of Rs.5,000/- with default stipulation.

As per report received from the District Jail, Alirajpur, the appellant Signature Not Verified Signed by: PREETHA NAIR Signing time: 21-12-2022 18:45:28

has already served complete jail sentence and now he is serving sentence in lieu of payment of fine.

According to the prosecution case, the allegation against the present appellant is that he tried to outrage the modesty of the complainant. Accordingly, a report was lodged to this effect at the concerned police station. The police investigated the matter and, thereafter, apprehended the accused persons. Learned trial Court has framed charges under Section 7/8 of POCSO Act and convicted the appellant as stated above.

Though this appeal is preferred on the various grounds challenging

the merits of the case, but the learned counsel for the appellant submitted that he does not want to press the appeal on merits. His only contention is that the default sentence of the appellant be reduced to the period already undergone. He submits that the appellant s in jail since 22/08/2019. The appellant has suffered/completed his sentence on 11/11/2022. However, the appellant has not deposited the fine amount imposed by the trial Court, hence, he is suffering default sentence i.e. three months as per report of District Jail, Alirajpur.

In view of the above, the finding recorded by the trial Court is hereby maintained, however, the appellant has not deposited the fine amount imposed by the trial Court, therefore, he is suffering imprisonment since 22/08/2019 after completion of his actual jail sentence. Therefore, his default sentence in lieu of fine amount is reduced to the period already undergone.

The criminal appeal is disposed off on above terms. The appellant is Signature Not Verified Signed by: PREETHA NAIR Signing time: 21-12-2022 18:45:28

directed to be released from jail, if he is not required in any other criminal case.

Let a copy of this judgment be sent to the concerned trial Court for necessary compliance.

Pending application, if any, stands closed. Certified Copy, as per rules.

(RAJENDRA KUMAR (VERMA)) JUDGE

pn

Signature Not Verified Signed by: PREETHA NAIR Signing time: 21-12-2022 18:45:28