Haribabu Mongiya @ Durgesh vs The State Of Madhya Pradesh
2022 Latest Caselaw 6715 MP

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                                                                                             CRA No.-695-2015



                                               IN THE HIGH COURT OF MADHYA PRADESH
                                                            AT JABALPUR

                                                              BEFORE
                                                HON'BLE SHRI JUSTICE VIRENDER SINGH

                                                           ON THE 5th OF MAY, 2022
                                                      CRIMINAL APPEAL NO.695 of 2015
                                        Between:-

                                        Haribabu Mongiya @ Durgesh
                                        S/o Halkeveer Mongiya, Aged about
                                        20 years, R/o Lohiya Ward, Near Kali
                                        Mandir,        Pipariya,     District
                                        Hoshangabad (M.P.)
                                                                                              ...Appellant
                                        (None for the appellant)

                                        And

                                        The State of Madhya Pradesh,
                                        Through- P.S-Pipariya, Hoshangabad
                                        District-Hoshangabad (M.P.)
                                                                                          ...Respondent
                                        (By Shri Chandrapal Singh Parmar, Public Prosecutor)
                                        ...................................................................................
                                             This appeal coming on for final hearing this day, the court
                                        passed the following:

                                                                  ORDER

This appeal has been preferred against the judgment dated 30.10.2014 passed by IInd Additional Sessions Judge, Pipariya, Hosangabad, District-Hosangabad (M.P.) in Sessions Trial No.146/2014 whereby the appellant stands convicted and sentenced as under:-

Conviction under Section Sentence to undergo 363 of IPC R.I. for fine of indefault-R.I.

                                                                    3 years Rs.1,000/-      for 1 month

Signature Not Verified
  SAN

Digitally signed by ASHISH KUMAR JAIN Date: 2022.05.07 18:07:07 IST

CRA No.-695-2015

366A of IPC R.I. for fine of indefault-R.I.

                                                                      10 years Rs.2,000/-      for 3 months
                                                  376 of IPC          R.I. for  fine of       indefault-R.I.
                                                                      10 years Rs.2,000/-      for 3 months
                                         4 of Protection of Children R.I. for      fine of    indefault-R.I.

from Sexual Offence Act 10 years Rs.2,000/- for 3 months All the sentences shall run concurrently. As per report (No.922/okjaV/2022) of the Superintendent, Central Jail, Narmadapuram and report (No.1242/okjaV/2022) of the Superintendent, District Jail, Sehore, received by Shri Chandrapal Singh Parmar, Govt. Advocate/Public Prosecutor, the appellant has completed his sentence awarded by the trial Court in Sessions Trial No.146/2014, however he is serving out the sentence in connection with Crime No.395/2013, copies whereof have been brought on record.

No one has appeared to prosecute the appeal on behalf of the appellant.

In the aforesaid circumstances, no useful purpose will be served by entering into the merits of the case. Therefore, in view of the law laid down by the Apex Court in the case of Daya Singh Lohariya Vs. State of Rajasthan; (2007) 5 SCC 366 and by the Jharkhand High Court in the case of Sarula Munda Vs. State of Bihar; 2011 (3) Cr.L.J. 3639, this appeal is dismissed as having been rendered infructuous.

Let a copy of this order be sent to the Jail Authorities as well as to the concerned trial Court for information and necessary action.

(Virender Singh) Judge

@shish

Signature Not Verified SAN

Digitally signed by ASHISH KUMAR JAIN Date: 2022.05.07 18:07:07 IST