Madhya Pradesh High Court
Shivnarayan Yadav vs The State Of Madhya Pradesh on 25 June, 2025
NEUTRAL CITATION NO. 2025:MPHC-JBP:27513
1 CRR-704-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DEVNARAYAN MISHRA
ON THE 25th OF JUNE, 2025
CRIMINAL REVISION No. 704 of 2025
SHIVNARAYAN YADAV
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Anil Kumar Ahirwar - Advocate for the applicant.
Shri Santosh Yadav - Government Advocate for the respondent-State.
ORDER
This revision under Section 438 read with Section 442 of Bhartiya
Nagrik Suraksha Sanhita, 2023 has been preferred against the judgment of
conviction and order of sentence dated 28.01.2025 passed by Thirteenth
Additional Sessions Judge, Bhopal, District Bhopal (M.P.) in Criminal
Appeal No.629/2024 arising out of judgment dated 30.08.2024 passed by the
Judicial Magistrate First Class, Bhopal, District-Bhopal (M.P.) in R.C.T.
No.585249/2016 affirming the judgment of conviction and order of sentence
passed by the Trial court whereby the applicant has been convicted under
Section 323 of the IPC and sentenced to undergo for rising of the court with
fine of Rs.1,000/- with default stipulation.
2. Learned counsel for the applicant has submitted that the basic case
before the trial court was that on 02.05.2016 at 06:00 am, the complainant
Kirti Gaur (PW-1) was sweeping. On that, the applicant Shivnarayan Yadav
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came there and stated that she has cut the tree which was in front of his
house. On that, she replied that the tree was lying in cut position for 5 to 6
month why he was alleging the complainant. After that, the applicant started
abusing the complainant and by taking wooden stick (Danda) assaulted her
in left forearm and left leg. She suffered the injury and lodged the FIR in
Police Station Nishatpura Bhopal and Crime No.318/2016 was registered.
The deceased was sent for medical examination. Dr. Sudha Alave (PW-2)
examined the complainant. The applicant was arrested and charge sheet was
filed.
3. Learned counsel for the applicant has further submitted that in her
deposition before the trial court, the complainant (PW-1) has stated that on
02.05.2015/16 at morning 06:00 am, she was sweeping then the applicant
reached there. When she entered into her house then Shivnarayan followed
her and entered into her house. After that, he started abusing her and she
cried. The applicant caught hold her hand and started teasing her. On her cry,
the family members, who were sleeping inside, awoke and came out. On that,
the applicant locked the door and she tried to cry. Shivnarayan assaulted her
by Danda. The applicant has also called his sons and they have also assaulted
her and misbehaved to her. The complainant has further submitted that her
husband called the Police by dialing 100. Police opened the door and took
them out. She went to Police Station Nishatpura alongwith the Police and
lodged the FIR. the Police sent her for medical examination.
4. Learned counsel for the applicant has also submitted that the
applicant has totally turned the incident and reason of the incident. Other
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witnesses have not supported the complainant. Thus, it is clear case of the
acquittal. The trial court as well as appellate court has not considered this
aspect. Hence, this revision be allowed and the applicant be acquitted.
5. Learned Government Advocate for the State has supported the
impugned judgment of trial court and submitted that Dr. Sudha Alave (PW-
2) has found the injury on the body of the complainant. FIR was lodged
within three hours. The Police Officer V. S. Verma (PW-3) has supported the
complainant. Hence, no case of acquittal is made out.
6. I have gone through the record.
7. The basic case before the trial court was that the applicant was
accusing the complainant that she has cut the tree which was in front of his
house and the complainant denied this allegation. On that, the applicant
assaulted her by Danda but in her deposition before the Court, she has
completely taken the different view and stated that the applicant entered into
her house and caught hold her hand and started molesting her and when she
cried her family members who were sleeping there awoke. On that, the
applicant closed the door of house by putting a latch on it. The family
members were crying but the applicant assaulted her by Danda. The
applicant also called his sons and they also assaulted and misbehaved with
her.
8. The complainant has also stated that the Police was called by her
husband by dialing 100 and Police saved her by opening the door of her
house. The Police accompanied her to the Police Station and the prosecution
has not examined her husband or the other family members who were
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sleeping there. Thus, only on the basis, swelling and abrasions were found on
her body. It cannot be assumed that this was caused by the applicant only as
the victim has completely changed the circumstances in which incident this
happened.
9. Thus, PW-1 is not fully reliable witness. Except this witness, no one
has been examined to support her statement. Thus, the conviction recorded
by the trial court could not be maintained. Hence, the conviction of the
applicant-Shivnarayan for the offence punishable under Section 323 of IPC
is quashed and sentenced to undergo for rising of the court and imposition of
fine amount of Rs.1,000/- is set aside.
10. With the above observation, this Criminal Revision is allowed.
11. With the copy of this order, the record of the trial court be sent
back.
(DEVNARAYAN MISHRA)
JUDGE
HK
