Virendrasingh vs State Of M.P.
2023 Latest Caselaw 490 MP

                                                       1
                 IN         THE       HIGH COURT OF MADHYA PRADESH
                                            AT GWALIOR
                                              BEFORE
                           HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                         ON THE 9 th OF JANUARY, 2023
                                      CRIMINAL REVISION No. 172 of 2010

               BETWEEN:-
               VIRENDRA SINGH S/O GANDHARVSINGH JAT, AGED
               ABOUT 20 YEARS, R/O VILL. SUNARPURA, P.S.BIJOLI,
               DISTT. GWALIOR (MADHYA PRADESH)

                                                                                   .....PETITIONER
               (BY SHRI V.K.AGARWAL- ADVOCATE)

               AND
               STATE  OF    M.P. THROUGH POLICE STATION
               MADHOGANJ DISTT. GWALIOR (MADHYA PRADESH)

                                                                                 .....RESPONDENT
               (BY SHRI B.M.SHRIVASTAVA- PUBLIC PROSECUTOR FOR THE STATE)

                           Th is revision coming on for hearing this day, th e court passed the
               following:
                                                        ORDER

This revision has been filed by the petitioner against the judgment dated

18.2.2010 passed by the 1st Additional Sessions Judge, Gwalior, in Criminal Appeal No.22/2010 affirming the judgment of the JMFC, Gwalior, in Criminal Case No.6701/2006 on 31.12.2009 convicting petitioner under Section 420 of IPC and sentencing him to suffer 2 years RI with fine of 300/-.

Brief facts necessary for disposal of this revision are that petitioner appeared in the higher secondary examination at Govt. Girls Higher Secondary Signature Not Verified School, Mama Ka Bazar, Gwalior, and also appeared at National Children Signed by: MADHU SOODAN PRASAD Higher Secondary School, Morar, in the name of Devendra son of Jayram. A Signing time: 10-01-2023 09:54:16 AM

report was lodged. Offence under Section 420 of IPC and Sections 3/4 of the Examination Act was registered. After investigation, charge-sheet has been filed. Trial was conducted. After trial, petitioner was convicted under Section 420 of IPC as aforesaid. Being aggrieved by the aforesaid, petitioner preferred appeal which was dismissed affirming the judgment of the trial Court.

Learned counsel for the petitioner/accused submitted that he does not want to challenge the conviction of the petitioner for the aforesaid offence. As regards sentence, it is submitted by learned counsel for the petitioner that incident took place on 15.4.1998. He is facing agony of trial for the last 20 years. At the time of incident petitioner was 20 years of age. He did not know

the gravity of offence. He has already suffered six days custody. Therefore, while enhancing the fine amount suitably, sentence of the petitioner 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 petitioner to the period already undergone by him, the fine is enhanced from Rs.300/- to Rs.15,000/- under Section 420 of IPC. Accordingly, while affirming the conviction of the petitioner under Section 420 of IPC, jail sentence of the petitioner is reduced to the period already undergone by him and fine amount is enhanced from Rs.300/- to Rs.15,000/- which shall be deposited by him within a period of one month from today, failing which the petitioner will have to suffer the sentence as awarded by the Courts below.

Signature Not Verified Signed by: MADHU SOODAN PRASAD With the aforesaid, the revision stands disposed of. Signing time: 10-01-2023 09:54:16 AM

(DEEPAK KUMAR AGARWAL) JUDGE ms/-

Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 10-01-2023 09:54:16 AM