Pramod Ghoshi vs The State Of Madhya Pradesh
2023 Latest Caselaw 22730 MP

Madhya Pradesh High Court

Pramod Ghoshi vs The State Of Madhya Pradesh on 29 December, 2023

                                                            1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                      BEFORE
                                          HON'BLE SHRI JUSTICE VINAY SARAF
                                             ON THE 29 th OF DECEMBER, 2023
                                            CRIMINAL APPEAL No. 1917 of 2022

                           BETWEEN:-
                           PRAMOD GHOSHI S/O NIRANJAN GHOSHI, AGED
                           ABOUT 40 YEARS, OCCUPATION: AGRICULTURIST R/O
                           VILLAGE GADHOULI KHURD, P.S. MOTINAGAR, SAGAR,
                           DISTRICT SAGAR (M.P.) (MADHYA PRADESH)

                                                                                        .....APPELLANT
                           (BY SHRI SANJAY KUSHWAHA - ADVOCATE )

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH
                                 POLICE STATION MOTINAGAR DISTRICT SAGAR
                                 (M.P.) (MADHYA PRADESH)

                           2.    VICTIM A S/O NOT MENTION OCCUPATION: NILL
                                 NOT MENTION (MADHYA PRADESH)

                                                                                     .....RESPONDENTS
                           (BY MS. SHIKHA BAGHEL - PANEL LAWYER )

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

                           following:
                                                           JUDGMENT

By the present appeal filed under Section 374(2) of the Code of Criminal Procedure, the appellant has challenged the judgment of conviction dated 31.01.2022 passed by Special Judge SC/ST (Prevention of Atrocities) Act, Sagar in Special Case No.201/2021 whereby the appellant has been convicted under Section 12 of POCSO Act, 2012 and sentenced to undergo R.I. for 1 year and fine of Rs.5000/- in default R.I. for 3 months and under Section 3(2)

(v-a) of SC/ST (Prevention of Atrocities) Act, 1989 and sentenced to undergo R.I. for 1 year and fine of Rs.500/- in default, R.I. for 3 months.

2. The learned counsel for the appellant has submitted that the prosecution failed to prove the case beyond reasonable doubt. During the trial, the appellant remained in custody from 09.05.2016 to 10.05.2016. He prayed for acquittal of the appellant.

3 . Per contra, the learned counsel appearing for the respondent/State supported the judgment and submitted that the prosecution has duly proved the incident and the learned Special Judge has rightly convicted the appellant under Sections 12 of POCSO Act & under Section 3(2)(v-a) of SC/ST Act.

4. After considering the arguments of both the parties and after perusal of record, it appears that prosecutrix lodged a report on 07.06.2015 at P.S. Motinagar District-Sagar (M.P.) against the appellant which was registered as Crime No. 258/2016 under Sections 323, 354(A)(1)(i) of Indian Penal Code and under Section 3(1)(XI) of SC/ST Act and Section 11/12 of POCSO Act. After investigation, charge-sheet was filed. The prosecution has examined 8 witnesses. PW-1 (victim) proved the incident and the involvement of appellant in the offence. PW-2 (Ashish) and PW-3 (Kapanbai) also supported the case of the prosecution and after considering the statements of the witnesses an on the basis of material available on record. The learned Special Judge vide jugment dated 31.01.2022 convicted the appellant and sentenced as stated hereinabove. After examining the statements of the witnesses and record of the case, I do not find any reason to interfere in the findings recorded by Special Judge which are duly based on due appreciation of evidence and consequently, the judgment of conviction and conviction of the appellant are upheld.

5. However, looking to the facts that the incident took place in the year

2016, the prosecution has not brought any past criminal antecedents of the appellant on record, the appellant remained in custody from 09.05.2016 to 10.05.2016, there is no minimum sentence has been prescribed under Section 3(1)(v-a) of SC/ST Act, 1989 and/or Section 12 of the POCSO Act and the complainant has filed compromise application before the trial Court under Section 320 of Cr.P.C, I deem it proper to reduce the jail sentence of the appellant to the extent of the period which he has already undergone, accordingly, the jail sentence is reduced. However, fine is enhanced under Section 3(2)(v-a) of SC/ST Act from Rs.500/- to Rs.5000/-. The appellant shall deposit the enhanced amount of fine within a period of two months from today and the fine amount be paid to the complainant as compensation under Section 357 of Cr.P.C. The appellant is on bail, his personal bonds and bail bonds be discharged. Accordingly, the appeal is partly allowed.

6 . Record of the trial Court be sent back along with copy of the judgment.

(VINAY SARAF) JUDGE Shub