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Madhya Pradesh High Court · body

2011 DIGILAW 28 (MP)

Sujan Singh v. State of M. P.

2011-01-06

G.S.SOLANKI

body2011
JUDGMENT : G.S. Solanki,J.: The Special Judge, Chhatarpur, has passed the impugned judgment dated 08.04.2002 in Special Case No. 119/2000 by which the appellant/accused has been convicted under Sections 3(1)(10) and 3(1)(11) of SC/ST (Prevention of Attrocities) Act and sentenced to suffer R.I. for one year/one year and fine of Rs. 100/-/100/- respectively with default stipulation. Being aggrieved the appellant/accused has preferred this appeal under Section 374 of Cr.P.C. 2. The prosecution case in short is that on 05.06.98 prosecutrix Shobharani Saur (P.W.-1) went to collect the mahua and pick up the tendupatta in the field near by her village Jagara. When she was picking tendupatta, appellant/accused reached there and caught hold her breast and attempted to commit rape on her. But any way she got free, when appellant/accused again tried to caught her, complainant threatened him by stone. Then appellant/accused humiliated her by saying Sorni. 3. Complainant lodged the report in police Station, Bajna on the same day. After usual investigation, the appellant was charge-sheeted before the Special Judge, Chhatarpur 4. The special Judge Chhatarpur, after appraisal of evidence on record, convicted and sentenced the appellant as mentioned above. Hence, this appeal. 5. Learned counsel for the appellant submitted that looking to the evidence on record, he is not challenging the conviction recorded by the trial Court. He further submitted that the appellant remained in jail for the period of 1 month and 18 days, if he will be convicted for the sentence already undergone and amount of fine be enhanced, end of justice would be meet out. 6. Considering the facts and circumstances, I am of the considered view that jail sentence of period of one year appears to be excessive. If the appellant be convicted for the period of jail sentence already undergone and enhance the fine of Rs. 2,500/- for each offence, end of justice would be meet out. 7. In these circumstances, conviction recorded by the trial Court under Sections 3(1)(10) and 3(1)(11) of SC/ST (Prevention of Atrocities) Act is hereby affirmed. 8. The appeal is partly allowed. 9. The appellant is convicted under Section 3(1)(10) of SC/ST (Prevention of Atrocities) Act for the period of jail sentence already undergone and fine of Rs. 2500/- and under Section 3(1)(11) of SC/ST (Prevention of Atrocities) Act for the period of jail sentence already undergone and fine of Rs. 2500/-. 8. The appeal is partly allowed. 9. The appellant is convicted under Section 3(1)(10) of SC/ST (Prevention of Atrocities) Act for the period of jail sentence already undergone and fine of Rs. 2500/- and under Section 3(1)(11) of SC/ST (Prevention of Atrocities) Act for the period of jail sentence already undergone and fine of Rs. 2500/-. In default of fine he will further suffer Simple Imprisonment for 1 month on each count.. 10. Record of the trial Court be sent back with the copy of judgment.