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Judgment
Submissions were made on this criminal revision filed under Section 397 read with 401 of Cr.P.C. arising out of judgment of the 2nd Additional Sessions Judge to the Court of 1st Additional Sessions Judge, Ujjain in Criminal Appeal No.213/2016 pronounced on 09.06.2017, whereby the sentenced pronounced by the Judicial Magistrate First Class, Ujjain has been modified in Criminal Case No.5302/2014 passed on 21.04.2016 under Sections 451 and 504 of IPC and modified the sentence to 6 months RI with fine of Rs.4,000/- in respect of Section 451 and fine of Rs.600/- in respect of Section 504 of IPC.
Learned counsel for the applicant submits that he would not seek to challenge the order of conviction but would make submissions only to the quantum of sentence and submits that the applicant has already spent 1 month 15 days in jail and this period spent in jail would be considered adequate jail punishment.
Considered.
As per the prosecution story, lady complainant Rajkumari had lodged a report at Police Station Neelganga on 28.02.2014 that the applicant, who is an auto-rickshaw driver, residing in the same building of the prosecutrix, used to make advances on her and harass her and her family forcing her to relocate to another building. The applicant continued with his activities and on 28.02.2014, he again came to her relocated place and started abusing her and entered into the house and assaulted her husband. FIR was lodged under Sections 294, 323, 452 and 506-II of IPC.
Learned Trial Court vide judgement dated 21.04.2016 convicted the applicant under Sections 294 and 452 of IPC. Against the order of conviction, an appeal was preferred, as already stated and the Appellate Court has convicted the applicant under Sections 451 and 504 of IPC.
Learned Public Prosecutor for the State was also heard as well.
Perused the record of the Trial Court. It is found that the Appellate Court's judgement is inconformity with the deposition of the witnesses and the conviction is maintained.
On due consideration of the submissions advanced by both the counsels for the parties and looking to the fact that there is no previous criminal antecedent of the applicant, ends of justice would be met if the jail sentence of the applicant under Section 451 of IPC is reduced from 6 months RI to 2 months RI with corresponding enhancement of fine amount from Rs.4,000/- to Rs.5,000/-. On failure to pay the fine amount by the applicant, he shall be required to undergo imprisonment of 1 month RI for the default. There shall be no change in the sentence imposed under Section 504 of IPC.
With the aforesaid modifications in the quantum of sentence, this revision application stands disposed of, in above terms. The order pertaining to property passed by the Courts below stands affirmed.
A copy of this order along with original record be sent to the Trial Court for due compliance.
Certified copy, as per rules.