Rashid vs The State Of Madhya Pradesh
2024 Latest Caselaw 6726 MP

Madhya Pradesh High Court

Rashid vs The State Of Madhya Pradesh on 5 March, 2024

Author: Hirdesh

Bench: Hirdesh

                                                            1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                       BEFORE
                                             HON'BLE SHRI JUSTICE HIRDESH
                                                ON THE 5 th OF MARCH, 2024
                                             CRIMINAL APPEAL No. 1034 of 2011

                           BETWEEN:-
                           RASHID S/O IBRAHIM, AGED ABOUT 26 YEARS,
                           OCCUPATION: LABOUR NAYA NAGAR BALSAMUD
                           TEH.KASRAWAD    DISTT.KHARGONE  (MADHYA
                           PRADESH)

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

                           AND
                           THE   STATE   OF       MADHYA    PRADESH GOVT.
                           THRU.P.S.KASRAWAD      DISTT.KHARGONE (MADHYA
                           PRADESH)

                                                                                      .....RESPONDENTS
                           (SHRI MAYANK MISHRA, LEARNED PANEL LAWYER APPEARING ON
                           BEHALF OF ADVOCATE GENERAL)

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

Appellant has filed this appeal under Section 374 of the Code of Criminal Procedure against the judgment dated 24.08.2011 passed by Special Judge SC/ST (Prevention of Atrocities) Act, Mandleshwar in Special Case No.39/2010, whereby trial Court has convicted the appellant under Section 354 of IPC and sentenced him to undergo one year R.I. with fine of Rs.5000/-, with default clause.

2. Heard learned counsel for the respondent/State and perused the record of the case.

3. So far as conviction is concerned, I have gone through the evidence adduced by the prosecution and examined it minutely. From perusal of overall evidence on record, it is clearly established that learned trial Court did not commit any error in convicting the appellant under Section 354 of IPC. Hence, findings recorded by the trial Court with respect to conviction are affirmed.

4. So far as sentence is concerned, record of the case reveals that incident took place on 28.07.2010, at that time the accused was 26 years old and now he is more than 39 years old. This is first offence of the accused/appellant. He remained in jail from 29.07.2010 to 18.08.2010, hence, the end of the justice would be best served, if his sentence is reduced to the period already

undergone with the fine imposed by the court below.

5. In view of the aforesaid, present appeal is partly allowed and conviction of the appellant by the trial court is upheld. So far as sentence awarded by the trial court is concerned, same is modified to the period already undergone by the appellant in jail. Since, appellant is on bail, his bail bonds be discharged.

6. Let a copy of this judgment be sent to the concerned court for compliance. The present appeal is partly allowed.

Let the record of the trial court be sent back.

(HIRDESH) JUDGE N.R.