Madhya Pradesh High Court
Sukhlal vs The State Of Madhya Pradesh on 16 May, 2024
Author: Maninder S. Bhatti
Bench: Maninder S. Bhatti
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE MANINDER S. BHATTI
ON THE 16 th OF MAY, 2024
CRIMINAL REVISION No. 2193 of 2023
BETWEEN:-
SUKHLAL S/O SHRI SOMLA, AGED ABOUT 30 YEARS,
OCCUPATION: LABOUR R/O VILLAGE KAKRIYA PS
PANDHANA DISTRICT KHANDWA (MADHYA PRADESH)
.....PETITIONER
(BY MS. SHANTI TIWARI - AMICUS CURIAE)
AND
THE STATE OF MADHYA PRADESH THROUGH
PANDHANA DISTRICT KHANADWA (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI PRAVEEN NAMDEO - GOVT. ADVOCATE)
Th is revision coming on for hearing this day, th e court passed the
following:
ORDER
No one appeared on behalf of the applicant to argue this criminal
revision. This criminal revision is pending since the year 2023. Hence, Ms.
Shanti Tiwari, Advocate, who is present in the Court, is appointed as Amicus
Curiae on behalf of the applicant to assist the Court.
2. As per the case of the prosecution, on the date of the incident i.e. on
25.9.2017, when the prosecutrix along with her husband was going on a motor-
cycle, the applicant in order to outrage her modesty, pulled her scarf (dupatta)
and thereafter abused her husband and also committed maarpeet.
3. The report of the aforesaid incident was lodged and after due
investigation, the trial was conducted by the trial Court i.e. Judicial Magistrate
First Class, Khandwa vide Criminal Case No. 1452 of 2017. The trial Court on
appraisal of evidence available on record convicted the applicant vide judgment
o f conviction and order of sentence dated 27.10.2021 for the offences
punishable under Sections 323, 354 of the Indian Penal Code and sentenced "till
rising of the Court" and R.I. for 1 year with fine of Rs.1000/- respectively with
default stipulation.
4. Assailing the said conviction and sentence, the applicant preferred an
appeal before Sessions Judge, Khandwa vide Criminal Appeal No. 105 of 2021,
which has been dismissed by the lower appellate Court vide judgment dated
6.5.2023 and the conviction and sentenced awarded by the trial Court has been
affirmed. Hence, this revision has been filed.
5. Learned Amicus Curiae submits that taking into consideration the
nature of offence and the period of incarceration already suffered by the
applicant, the ends of justice would be met, if the jail sentence of the applicant
is reduced to the period already undergone.
6. The counsel for the State has supported the conviction and sentence
recorded by both the Courts below.
7. Having heard the submissions advanced on behalf of the parties and
on perusal of the impugned judgment and other material available on record, it
reflects that the applicant is in custody and has suffered incarceration of more
than one year as against the sentence of one year awarded to him by the Courts
below. In such circumstances, taking into consideration the evidence available
on record and statements of the witnesses, in the considered view of this Court
the Courts below have not committed any error while convicting the applicant
for the aforesaid offences. Therefore, the conviction of the applicant under
Sections 323, 354 of the Indian Penal Code recorded by the Courts below is
hereby affirmed.
8. So far as sentence is concerned, it is directed that if the applicant is
still in jail and by now has already suffered the entire sentence awarded to him,
he be released forthwith from jail, if not required in any other offence.
9 . Record of the Courts below be sent back immediately along with a
copy of this order for information and necessary action. A copy of this order
be also sent to the jail authorities concerned for information and necessary
action.
10. Accordingly, the revision stands disposed of.
(MANINDER S. BHATTI)
JUDGE
PB
