Ritesh vs The State Of Madhya Pradesh
2023 Latest Caselaw 9058 MP

                                                             1
                            IN      THE     HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                       BEFORE
                                           HON'BLE SHRI JUSTICE VIVEK RUSIA
                                                 ON THE 19 th OF JUNE, 2023
                                            CRIMINAL REVISION No. 127 of 2014

                           BETWEEN:-
                           RITESH S/O ANANDILALA VISHWAKARMA, AGED
                           ABOUT 28 YEARS, OCCUPATION: SUTTAR NATHWADA
                           SHAJAPUR (MADHYA PRADESH)

                                                                                          .....APPLICANT
                           (BY SHRI VISHAL PANWAR, ADVOCATE)

                           AND
                           THE   STATE   OF MADHYA    PRADESH  GOVT.
                           THRU.DISTRICT MAGISTRATE SHAJAPUR (MADHYA
                           PRADESH)

                                                                                      .....RESPONDENTS
                           ( BY SHRI AMIT RAWAL, GOVT. ADVOCATE)

                                  T h is revision coming on for orders this day, t h e cou rt passed the
                           following:
                                                              ORDER

1. This revision has been filed against the judgment dated 24.01.2014

passed by Additional Session Judge Sajapur, District- Sajapur, (M.P.) in Cri. Appeal No.171/2013 whereby learned ASJ affirmed the judgement of conviction dated 15.03.2013 passed by learned Judicial Magistrate Second Class, Sajapur, District-Sajapur in Criminal Case No.1860/2012 whereby learned JMFC found applicant guilty for the offence punishable under Section 509 of the IPC and sentenced him to undergo S.I. for six months with fine of Rs.500/- with default stipulation.

Signature Not Verified

2. As per the prosecution story, on 24.11.2012 near about 09:00 am Signed by: VARSHA SINGH Signing time: 21-06-2023 17:09:11

complainant was returning from coaching alongwith her friend Neha Narwale. When they reached near Kasturba Mahila Mandal School applicant came and said that he wanted to talk to her. When she refused, he tried to insult the modesty of complainant by way of gesture. The father of the complainant has lodged the report at police station Sagar which was registered as Ex.P/1 and this appellant was arrested and released on bail. The prosecution examined the complainant and her friend which remained unrebutted.

3. After evaluating the evidence that came on record, the applicant has been convicted and sentenced as stated above. Thereafter, a Criminal Appeal filed by the applicant has been dismissed.

4. At the very outset, learned counsel for the applicant submits that he is not assailing the findings recorded by the trial Court on merit but submits that this applicant is a youth of tender age at the relevant point of time having no criminal past. This Court has already suspended the jail sentence of the applicant. He remained in jail for one month and deposited the fine, therefore, the sentence may kindly be reduced from six months to one month as there is no minimum sentence.

5. Learned Govt. Advocate for the respondent/State opposed the prayer.

6. I have heard the learned counsel for the parties and perused the record.

7. It is correct that the applicant is facing the agony of trial since 2012 which is more than 11 years. At the time of incident he was aged about 25-26 years with no criminal past. Out of 6 months he has remained in jail for one month and deposited the fine. There is no compliant that he would repeat the offence in future.

Signature Not Verified Signed by: VARSHA SINGH Signing time: 21-06-2023 17:09:11

8. Having regard to these facts, Revision is partly allowed. I accordingly reduce the sentence of the applicant to the period already undergone. Fine amount is maintained. The applicant shall deposit the fine amount, if already not deposited. The appellant is on bail.

Let copy of this order be send to the concerned court alongwith record for compliance.

(VIVEK RUSIA) JUDGE VS

Signature Not Verified Signed by: VARSHA SINGH Signing time: 21-06-2023 17:09:11