Madhya Pradesh High Court
Pawan Kumar Choubey @ Nmonarayan vs The State Of Madhya Pradesh on 8 February, 2024
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANI
ON THE 8 th OF FEBRUARY, 2024
CRIMINAL APPEAL No. 735 of 2009
BETWEEN:-
PAWAN KUMAR CHOUBEY @ NMONARAYAN S/O
RADHESHYAM CHOUBEY, AGED ABOUT 38 YEARS, R/O
SAHU'S HOUSE ADARSH NAGAR, KAICHICHHOLA,
BHOPAL (MADHYA PRADESH)
.....APPELLANT
(BY SHRI MANISH MUKHRAIYA - ADVOCATE AS AMICUS CURIAE)
AND
THE STATE OF MADHYA PRADESH TH. PS.
NISHATPURA, BHOPAL (MADHYA PRADESH)
.....RESPONDENT
(BY MS. SEEMA SAHU - PANEL LAWYER )
Th is appeal coming on for hearing this day, t h e court passed the
following:
ORDER
By the present appeal filed under Section 374(2) of the Code of Criminal
Procedure, the appellant has challenged the judgment of conviction and order of
sentence passed by XIIIth Additional Sessions Judge, Bhopal in S.T.
No.538/2008 whereby the appellant has been convicted under Section 354 of
Indian Penal Code and sentenced to undergo R.I. for 1 year and fine of
Rs.1,000/- for offence and in default, to further undergo SI for 3 months.
2. As none appeared on behalf of the appellant, Shri Manish Mukhraiya,
Advocate who is present in the court, has been requested to assist the Court on
behalf of the appellant as amicus curiae.
3. As per prosecution story on 13.06.2008 at about 9:00 PM the appellant
tried to outrage the her/complainant modesty.
4. The learned counsel for the appellant has submitted that the prosecution
failed to prove the case beyond reasonable doubt. During the trial, the appellant
remained in custody for one day. He prayed for acquittal of the appellant.
5. Per contra, the learned counsel appearing for the respondent/State
supported the judgment and submitted that the prosecution has duly proved the
incident and the learned sessions Court has rightly convicted the appellants
under Section 354 of Indian Penal Code.
6. After considering the arguments of both the parties and after perusal of
record, it appears that FIR was lodged at P.S. Nishatpura District Bhopal on
13.06.2008 against the appellant which was registered as Crime No. 629/2008
under Sections 294, 354 and 341 of the IPC. After investigation, the charge-
sheet was filed.
7. Learned Trial Judge after considering the statements of the witnesses by
judgment dated 17.03.2009 convicted the appellant under Section 354 of the
IPC and sentenced as stated herein above, however, the findings recorded by
the learned Trial Judge are based on due appreciation of evidence and do not
require any interference. The judgment of conviction under Section under 354
of the IPC is upheld.
8. However, looking to the facts that the incident took place in the year 2009
since then appellant is facing mental agony, the appellant remained in custody
for 24 days, the prosecution has not brought any past criminal antecedents of
the appellant on record and there is no minimum sentence has been prescribed
under Section 354 of Indian Penal Code, I deem it proper to reduce the jail
sentence of the appellant to the extent of the period which he has already
undergone.
9. Accordingly, the jail sentence is reduced to the period already undergone
by the appellant and sentence of fine is affirmed. Order of trial court regarding
disposal of property, if any, is also affirmed.
10. The appellant is on bail, his personal bonds and bail bonds be
discharged. Accordingly, the appeal is partly allowed.
11. Record of the trial Court be sent back along with copy of the judgment.
(RAJENDRA KUMAR VANI)
JUDGE
Akm
