Rakesh vs The State Of Madhya Pradesh
2024 Latest Caselaw 14260 MP

Madhya Pradesh High Court

Rakesh vs The State Of Madhya Pradesh on 15 May, 2024

Author: Prem Narayan Singh

Bench: Prem Narayan Singh

                                                              1
                            IN    THE       HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                     BEFORE
                                    HON'BLE SHRI JUSTICE PREM NARAYAN SINGH
                                                   ON THE 8 th OF MAY, 2024
                                           CRIMINAL REVISION No. 1552 of 2015

                           BETWEEN:-
                           RAKESH S/O PREMSINGH RAWAT, AGED ABOUT 30
                           YEARS, OCCUPATION: JOB GANDHIDHAM, MAGALIYA
                           GRAM INDORE (MADHYA PRADESH)

                                                                                         .....PETITIONER
                           (SHRI SHIV KUMAR GOLWALKAR, ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH STATION HOUSE
                           OFFICER THRU. P.S. KSHIPRA, INDORE (MADHYA
                           PRADESH)

                                                                                        .....RESPONDENT
                           (SHRI H.S.RATHORE, GOVT. ADVOCATE)
                                                       Heard on :8.5.2024
                                                    Pronounced on: 15.05.2024
                                 This revision petition was heard and reserved by this Court and the
                           court pronounced the following:
                                                               ORDER

With consent of the parties heard finally.

1. This criminal revision under Section 397/401 of Cr.P.C. has been filed by the petitioner being aggrieved by the judgment dated 23.11.2015, passed by the learned Special Judge, SC/ST Act, District Indore, in CRA No.197/2015, by which the learned Judge affirmed the judgment dated 02.3.2015, passed by learned Judicial Magistrate, in Criminal Case No.1089/2011, whereby the petitioner has been convicted for the offence under Section 498-A of IPC and

sentenced to undergo 1 year RI with fine of Rs.500/-, with default stipulations.

2. The petitioner has preferred this criminal revision on several grounds but during the course of arguments, learned counsel for the petitioner did not press this revision on merits and not assail the finding part of judgment. He confines his argument on the point of sentence only and prays that since the petitioner has already undergone approximately 2 months and 13 days in jail incarceration, his sentence be reduced to the period already undergone. The petitioner deserves some leniency as he has already suffered the ordeal of the trial since 2009 i.e. for a period of 14 years. It is further submitted that this petition be partly allowed and the sentence awarded to the petitioner be reduced

to the period already undergone by enhancing the fine amount.

3. Learned counsel for the State on the other hand supports the impugned judgment and prays for dismissal of this revision.

4. Having considered the rival submissions and on perusal of the record, the submission of the learned counsel for the petitioner appears to be just and proper.

5. However, the learned trial Court as well as the learned Appellate Court has not committed any error in appreciation of evidence available on record. Further, it is found that both the courts below considered the evidence available on record and correctly found that the case of the prosecution is well supported b y the complainant, witnesses and other documents. Both the Courts below have well considered the material available on record, hence, no infirmity is found in the impugned order of conviction passed by both the Courts below, accordingly, the same is upheld.

6. So far as the sentence of the petitioner is concerned, after the lapse of almost 14 years, the submissions made by the petitioner regarding enhancement

in fine appears to be proper. The petitioner has suffered the ordeal of criminal case since 2009, this Court finds it expedient to partly allow this revision petition by affirming the conviction of the petitioner.

7. Accordingly, this revision petition is partly allowed and the sentence awarded to the petitioner is hereby reduced to 3 months RI from one year RI by increasing the fine amount from Rs.500/- to Rs. 10,000/- under Section 498- A of IPC to be paid by the petitioner within a period of two month from today. Out of the fine amount so deposited by the petitioner, Rs.5,000/- be paid to complainant, under Section 357(3) of Cr.P.C. by the trial Court. The fine amount, if already deposited as well as the compensation amount paid to the complainant, if any, shall be adjusted.

8. The applicant is in jail. After completing the aforesaid sentence of three months RI and after depositing the enhanced fine amount, he be set at liberty forthwith immediately if not required in jail in any other case. Subject to depositing of fine amount, his bail bond, if any, shall stand discharged. If the applicant fails to deposit the fine amount, he will suffer 01 month of simple imprisonment in default.

9. The order of learned trial Court regarding disposal of the seized property, if any, stands confirmed.

10. A copy of this order be sent to the concerned trial Court for

necessary compliance.

11. Pending application, if any, stands closed.

Certified copy, as per rules.

(PREM NARAYAN SINGH)

JUDGE VD