Ansar Mansoori vs State Of M.P.
2023 Latest Caselaw 3718 MP

                                                            1
                           IN    THE       HIGH COURT OF MADHYA PRADESH
                                                 AT GWALIOR
                                                   BEFORE
                                HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                               ON THE 2 nd OF MARCH, 2023
                                            CRIMINAL APPEAL No. 609 of 2005

                          BETWEEN:-
                          1.    ANSAR   MANSOORI    S/O  CHAND   KHAN
                                MANSOORI,    AGED  ABOUT    26  YEARS,
                                OCCUPATION: STUDENT R/O ADARSH COLONY
                                GUNA (MADHYA PRADESH)

                          2.    AKEEL MOHAMMAD S/O SHAKIL MOHAMMAD,
                                AGED    ABOUT   25   YEARS, OCCUPATION:
                                TAILORING R/O GHOSIPURA GUNA (MADHYA
                                PRADESH)

                                                                                       .....APPELLANTS
                          (BY SHRI GAGAN SHARMA - ADVOCATE)

                          AND
                          STATE OF M.P. THROUGH POLICE STATION CANTT.
                          GUNA DISTRICT GUNA(MADHYA PRADESH)

                                                                                      .....RESPONDENT
                          (BY SHRI C.P. SINGH - PANEL LAWYER)

                                This appeal coming on for admission this day, th e court passed the

                          following:
                                                             ORDER

This appeal has been filed by the appellants under Section 374 of Cr.P.C. being aggrieved by the judgment dated 15.09.2005 passed by the First Additional Sessions Judge, Guna, in S.T. No.304/2004, whereby appellant No.1 Ansar Mansoori and appellant No.2 Akeel Mohammad have been convicted under Section 366 of IPC and sentenced to undergo three years of RI with fine of Rs.300/- and sentenced to undergo one year of RI with fine of Rs.300/- Signature Not Verified Signed by: ADNAN HUSAIN ANSARI Signing time: 3/3/2023 2:24:23 PM

respectively.

In brief, prosecution case is that complainant had gone to school but did not return. Missing person report was lodged at the police station and she was handed over to her family. Thereafter, statements were recorded and offence under Sections 363, 366 and 506-B of IPC was registered against both the appellants. Appellants were arrested and trial was conducted.

Learned counsel for the appellants submits that incident is of the year 2004 and about 19 years have lapsed. Learned counsel for the appellants confined his argument only to the point of sentence and prays that the sentence awarded to them be modified to the extent that period already undergone by them would be

sufficient to meet the ends of justice.

Learned counsel for the respondent/State while opposing the appeal has submitted that the learned Court below arrived on the appropriate finding and rightly passed the impugned judgment of conviction and sentence.

Looking to the facts and circumstances of the case, ends of justice would meet if while reducing the jail sentence of the appellants to the period already undergone by them, the fine is enhanced from Rs.300/- to Rs.20,000/- for appellant No.1 Ansar and Rs.300/- to Rs.10,000/- for appellant No.2 for the offence under Section 366 of IPC. Accordingly, while affirming the conviction of the appellants under Section 366 of IPC, jail sentence of the appellants is reduced to the period already undergone by them but fine amount is enhanced from Rs.300/- to Rs.20,000/- and Rs.300/- to Rs.10,000/- respectively which shall be deposited by them within a period of one month from today, failing which the appellants will have to suffer the complete sentence as awarded by the Courts below. The amount so deposited by the appellants be given to the complainant.

Signature Not Verified Signed by: ADNAN HUSAIN ANSARI Signing time: 3/3/2023 2:24:23 PM

In view of the above, this appeal is finally disposed of. Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE Adnan

Signature Not Verified Signed by: ADNAN HUSAIN ANSARI Signing time: 3/3/2023 2:24:23 PM