Smt. Vidhya Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 3859 MP

                                                                          1
                                           IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                                                                       BEFORE
                                                     HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
                                                                ON THE 21st OF MARCH, 2022

                                                         CRIMINAL APPEAL No. 4309 of 2020

                                              Between:-
                                              SMT. VIDHYA SINGH W/O BALENDRA SINGH ,
                                              AGED     ABOUT      30  YEARS, OCCUPATION:
                                              HOUSEWIFE VILLAGE ATARA P.S.UCHEHARA
                                              DISTT. SATNA M.P. (MADHYA PRADESH)

                                                                                                        .....APPELLANT
                                              (BY SHRI R.P.SINGH, ADVOCATE )

                                              AND

                                      1.      THE STATE OF MADHYA PRADESH THROUGH P.S.
                                              NAGOD PREM NAGAR, SATNA DISTT SATNA R/O
                                              VILLAGE AND POST KOTAR, (MADHYA PRADESH)

                                      2.      RAMANRESH SINGH S/O KASHA PRASAD PATEL ,
                                              AGED ABOUT 55 YEARS, VILLAGE ATARA PS
                                              NAGOD DISTT.SATNA (MADHYA PRADESH)

                                      3.      SHANKAR SINGH S/O RAMNARESH SINGH PATEL ,
                                              AGED ABOUT 25 YEARS, VILLAGE ATARA PS
                                              NAGOD DISTT.SATNA (MADHYA PRADESH)

                                                                                                     .....RESPONDENTS
                                              (BY SHRI KISHORE ROY, PANEL LAWYER)

                                            T h is appeal coming on for admission this day, the court passed the
                                      following:
                                                                           ORDER

Heard.

Appellant has filed this appeal under Section 372 of Cr.P.C against appellate judgment dated 30.08.2019 passed in Criminal Appeal No.60/2017 (Ramnaresh Singh and others Vs. State of M.P) by Shri Vijay Dangi, 3rd Additional Sessions Judge, Nagod, District- Satna whereby learned ASJ has confirmed the judgment of conviction awarded by the trial Court, but learned ASJ instead of sentencing the appellants, has given them benefit of Section 4 of the Probation of Offenders Act, 1958. He has released the accused persons on probation of good conduct and maintaining peace for a period of two years.

Under Section 5 of the Act, learned ASJ further directed that accused Signature Not Verified SAN

Digitally signed by ANUPRIYA SHARMA CHOUBEY Date: 2022.03.22 15:01:13 IST persons shall deposit Rs.7500/- in total 15,000/- as compensation and same shall

be paid to the injured/victim.

Under the proviso of Section 372 of Cr.P.C, an appeal can be preferred only against acquittal of the accused, conviction for a lesser offence or imposing inadequate compensation. Present appeal is on none of the grounds mentioned in

proviso of Section 372 of Cr.P.C. Hence, this appeal filed by the victim does not appear maintainable.

Trial Court record along with a copy of the order be sent down immediately. Hence, same being not maintainable is hereby dismissed.

(DINESH KUMAR PALIWAL) JUDGE anu

Signature Not Verified SAN

Digitally signed by ANUPRIYA SHARMA CHOUBEY Date: 2022.03.22 15:01:13 IST