Rakesh vs The State Of M.P,
2023 Latest Caselaw 6313 MP

                                                     1
                 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. 704 of 2005

               BETWEEN:-
               RAKESH S/O BUDDHU RAWAT, AGED ABOUT 21 YEARS,
               OCCUPATION: DRIVER R/O GRAM SAKALPUR ,PS
               SATANWARA DISTT. SHIVPURI (MADHYA PRADESH)

                                                                                 .....APPELLANT
               (BY SHRI BRIJESH SHARMA- ADVOCATE)

               AND
               THE STATE OF M.P, THROUGH STATION HOUSE
               OFFICER, POLICE STATION SATANWARA, DISTT.
               SHIVPURI (MADHYA PRADESH)

                                                                               .....RESPONDENT
               (BY SHRI P.S.RAGHUWANSHI- PUBLIC PROSECUTOR FOR THE STATE)

                           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 against the judgment dated

15.10.2005 passed by the 1st Additional Sessions Judge, Shivpuri in S.T.No.183/2005, whereby appellant has been convicted under Section 325 of IPC and sentenced to 5 years RI with fine of Rs.5,000/-.

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 Signature Not Verified Signed by: MADHU SOODAN PRASAD incident took place on 19.2.2005 and appellant has been facing agony of trial Signing time: 20-04-2023 10:37:23 AM for the last 18 years. Appellant has already suffered incarceration of about

seven months. Amount of fine has been deposited by him. 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 impugned judgment.

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.25,000/- under Section 325 of IPC. Accordingly, while affirming the conviction of the appellant under

Section 325 of IPC, jail sentence o f the appellant is reduced to the period already undergone by him and fine amount is enhanced to Rs.25,000/- which shall be deposited by him within a period of two months from today, failing which the appellant will have to suffer the sentence as awarded by the Courts below. The amount of fine so deposited by the appellant be given to complainant under Section 357 of Cr.P.C. as compensation.

With the aforesaid, the appeal stands disposed of.

(DEEPAK KUMAR AGARWAL) JUDGE ms/-

Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 20-04-2023 10:37:23 AM