Patiram vs The State Of Madhya Pradesh
2023 Latest Caselaw 6306 MP

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                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                  AT GWALIOR
                                                    BEFORE
                                 HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                                  ON THE 19 th OF APRIL, 2023
                                             CRIMINAL APPEAL No. 1085 of 2015

                          BETWEEN:-
                          PATIRAM S/O SHRI NEMICHANDRA KUSHWAH, AGED
                          ABOUT 20 YEARS, R/O PARSEN P.S. BIJOLI, GWALIOR
                          PRESENT SULTANPUR DELHI (DELHI)

                                                                                             .....APPELLANT
                          (BY SHRI ARVIND KUMAR DWIVEDI - ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH THROUGH POLICE
                          STATION BIJOLI DISTRICT GWALIOR (MADHYA
                          PRADESH)

                                                                                           .....RESPONDENT
                          (BY SHRI R.S. YADAV - PUBLIC PROSECUTOR)

                                Th is appeal coming on for hearing this day, t h e court passed the
                          following:
                                                               ORDER

This appeal has been filed by the appellant under Section 374 of Cr.P.C.

being aggrieved by the judgment dated 5.11.2015 passed by the Learned Sessions Judge, Gwalior, in Special S.T.No.389/2014, whereby the appellant has been convicted under Section 363 of IPC and sentenced to undergo two years' RI with fine of Rs.1,000/- with default stipulation by the trial Court.

Brief facts of the case are that on 07.03.2014 when complainant Uttam Singh went outside, his wife and daughter/ prosecutrix was sleeping at home. Thereafter when he came back, his wife told him that present applicant

Signature Not Verified persuaded her daughter/ prosecutrix who was below 18 years to go with him on Signed by: ADNAN HUSAIN ANSARI Signing time: 4/19/2023 6:34:54 PM

the motorcycle.

Learned counsel for the appellant/accused submitted that he does not want to challenge the conviction of the appellant for the aforesaid offence. As regards sentence, it is submitted by learned counsel for the appellant that appellant has already suffered incarceration of about two months. He has been facing rigors of judicial proceedings since 2014. Therefore, while enhancing the fine amount suitably, sentence of the appellant be reduced to the period already undergone by him.

Learned counsel for the State supported the impugned judgment. Heard learned counsel for the parties and perused the record.

Looking to the facts and circumstances of the case, ends of justice would meet if while reducing the jail sentence of the appellant to the period already undergone by him, the fine is enhanced to Rs.5,000/- under Section 363 of IPC., jail sentence o f the appellant is reduced to the period already undergone by him and fine amount is enhanced to Rs.5,000/- which shall be deposited by him within a period of one month from today, failing which the appellant will have to suffer the sentence as awarded by the trial Court.

With the aforesaid, the appeal stands disposed of.

(DEEPAK KUMAR AGARWAL) JUDGE Adnan

Signature Not Verified Signed by: ADNAN HUSAIN ANSARI Signing time: 4/19/2023 6:34:54 PM