Madhya Pradesh High Court
Pappu @ Ramswaroof vs The State Of Madhya Pradesh on 27 March, 2023
Author: Deepak Kumar Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
ON THE 27 th OF MARCH, 2023
CRIMINAL REVISION No. 1307 of 2023
BETWEEN:-
PAPPU @ RAMSWAROOF S/O SHRI TAKHAT SINGH
KUSHWAH, AGED ABOUT 36 YEARS, R/O VILLAGE
HAMEEDPUR P.S. KACHNAAR (MADHYA PRADESH)
.....PETITIONER
(PETITIONER'S BROTHER-IN-LAW PRESENT IN PERSON)
AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION KACHNAR DISTRICT ASHOKNAGAR
(MADHYA PRADESH)
.....RESPONDENT
(BY SHRI C. P. SINGH - PANEL LAWYER)
Th is revision coming on for hearing this day, th e court passed the
following:
ORDER
Advocates are abstaining from Court work.
Case dairy is perused.
This revision has been filed by the petitioner against the judgment dated
16.03.2023 passed by the 3rd Sessions Judge, Dabra, Distt. Ashoknagar, in
Criminal Appeal No.13/2023 affirming the judgment dated 23.12.2022 passed
b y the JMFC, Ashoknagar, in Case RCT No.1733/2017 convicting petitioner
under Sections 354 of IPC and sentencing him to suffer 6 months RI with fine
of Rs.500/- with default stipulation.
Signature Not Verified
Signed by: ADNAN HUSAIN
ANSARI
Signing time: 3/28/2023
1:22:32 AM
Brief facts necessary for disposal of this revision are that on 13.12.2017
complainant prosecutrix lodged a report alleging that she resides at Village
Hameedpur and her husband has been gone to Ashoknagar for agricultural
work. While she was sleeping at about 1 am, petitioner knocked at her door.
When she opened the door, at that time, he caught hold her hand and took her
down, when she shouted thereupon his brother Dharmendra sleeping inside,
brother-in-law and her Jethani came there and saw that petitioner ran away.
Thereafter, she rang up on dial 100 on which police came and she narrated the
whole incident. On his report, police registered Crime No. 265/2017 and
arrested the petitioner and filed charge sheet against him under Section 457 and
354 of IPC.
It is stated that petitioner has been falsely implicated in the case. There
a r e material contradictions and omissions in the statements of prosecution
witnesses.
It is further stated that in view of such facts, since the petitioner has no
criminal past, benefit of the Probation of Offenders Act, 1958 be extended to
him. In this regard, petitioner placed reliance on para 13 of the decision of the
Apex Court in the case of Lakhvir Singh and others Vs. The State of
Punjab and others decided on 19.1.2021 in Criminal Appeal Nos.47-48 of
2021 which reads as under :
" 13. Even though, Section 5(2) of the Prevention of Corruption
Act, 1947 (hereinafter referred to as ˜the PC Act') prescribes
a minimum sentence of imprisonment for not less than 1 year,
an exception was carved out keeping in mind the application of
the Act. In Ishar Das (supra), this Court noted that if the object
of the legislature was that the Act does not apply to all cases
where a minimum sentence of imprisonment is prescribed,
there was no reason to specifically provide an exception for
Signature Not Verified
Signed by: ADNAN HUSAIN
ANSARI
Signing time: 3/28/2023
1:22:32 AM
Section 5(2) of the PC Act. The fact that Section 18 of the Act
does not include any other such offences where a mandatory
minimum sentence has been prescribed suggests that the Act
may be invoked in such other offences. A more nuanced
interpretation on this aspect was given in CCE vs. Bahubali,
(1979) 2 SCC 279. It was opined that the Act may not apply in
cases where a specific law enacted after 1958 prescribes a
mandatory minimum sentence, and the law contains a non-
obstante clause. Thus, the benefits of the Act did not apply in
case of mandatory minimum sentences prescribed by special
legislation enacted after the Act. It is in this context, it was
observed in State of Madhya Pradesh vs. Vikram Das (Supra)
that the court cannot award a sentence less than the mandatory
sentence prescribed by the statute. We are of the view that the
corollary to the aforesaid legal decisions ends with a
conclusion that the benefit of probation under the said Act is
not excluded by the provisions of the mandatory minimum
sentence under Section 397 of IPC, the offence in the present
case. In fact, the observation made in Joginder Singh vs. State
of Punjab, 1980 ILR (1981) are in the same context. "
It is further stated by petitioner that Section 354 of IPC though amended
after 1958 and prescribes a minimum sentence of 1 year, but it does not contain
a non-obstante clause, and therefore, in view of aforesaid decision of the Apex
Court, benefit of Probation of Offenders Act may be given to the petitioner.
Learned counsel for the State opposed the said prayer.
Section 354 of IPC reads as under :
" 354. Assault or criminal force to woman with intent to outrage her modesty.-
Whoever assaults or uses criminal force to any woman, intending to outrage
or knowing it to be likely that he will thereby outrage her modesty, shall be
punished with imprisonment of either description for a term which shall not
be less than one year but which may extend to five years, and shall also be
liable to fine. "
On perusal of Section 354 of IPC, it is clear that it does not contain any
non-obstante clause.
Looking to the facts & circumstances of the case and the aforesaid
Signature Not Verified
Signed by: ADNAN HUSAIN
ANSARI
Signing time: 3/28/2023
1:22:32 AM
decision of the Apex Court in the case of Lakhvir Singh (supra), in the
considered opinion of this Court, petitioner is entitled for benefit of Probation
of Offenders Act. In view of the provisions of the Probation of Offenders Act,
1958, it is directed that on furnishing a bond in the sum of Rs.25,000/- (Rs.
Twenty Five Thousand Only) of good conduct for a period of two years to the
satisfaction of concerned Magistrate, petitioner be released on Probation and
his further sentence be treated as undergone.
With the aforesaid, this revision stands disposed of.
(DEEPAK KUMAR AGARWAL)
JUDGE
Adnan
Signature Not Verified
Signed by: ADNAN HUSAIN
ANSARI
Signing time: 3/28/2023
1:22:32 AM
