Rajnesh Sahu vs State Of M.P.
2023 Latest Caselaw 4384 MP

                                                              1
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                  AT GWALIOR
                                                    BEFORE
                                 HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                                ON THE 20 th OF MARCH, 2023
                                             CRIMINAL APPEAL No. 616 of 2007

                          BETWEEN:-
                          RAJNESH SAHU S/O SHRI AASHARAM SAHU, AGED
                          ABOUT 24 YEARS, R/O VILLAGE SINGHWARI P.S. CIVIL
                          LINES DATIA (MADHYA PRADESH)

                                                                                           .....APPELLANT
                          (NONE FOR THE APPELLANT )

                          AND
                          STATE OF M.P. THROUGH POLICE STATION CIVIL
                          LINES DATIA(MADHYA PRADESH)

                                                                                         .....RESPONDENT
                          (BY SHRI AJEET SINGH BHADORIA - ADVOCATE FROM LEGAL AID)

                                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 under Section 374 of Cr.P.C.

being aggrieved by the judgment dated 17.07.2007 passed by the Special Judge, Datia, in Special S.T.No.260/2005 whereby appellant has been convicted under Section 136 of the Electricity Act, 2003 and sentenced to undergo three years RI with fine of Rs.3000/- by the trial Court.

In brief case of the prosecution case is that Assistant Engineer Kamlesh lodged an FIR at police station Civil Lines, Datia regarding theft of electricity, on which Crime No. 260/2005 was registered against the appellant. During investigation stolen wire was seized from the possession of appellant. He was Signature Not Verified Signed by: ADNAN HUSAIN ANSARI Signing time: 3/20/2023 9:27:21 PM

arrested and charge sheet has been filed. After trial, he was convicted for the offence under Section 136 of the Electricity Act and sentenced three RI with fine of Rs. 3,000/-.

Learned counsel for the appellant/accused submitted that he does not want to challenge the conviction of the appellant for the aforesaid offence. He is a poor villager and incident is of 22.08.2005 and 17 years has been passed. 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 record.

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.10,000/- under Section 136 of the Electricity Act, jail sentence of the appellant is reduced to the period already undergone by him and fine amount is enhanced to Rs.10,000/- which shall be deposited by him within a period of one month from today, failing which the appellant will have to suffer the sentence as awarded by the trial Court.

With the aforesaid, the appeal stands disposed of.

(DEEPAK KUMAR AGARWAL) JUDGE Adnan

Signature Not Verified Signed by: ADNAN HUSAIN ANSARI Signing time: 3/20/2023 9:27:21 PM