Rajkumar Singh and others vs Pushpendra Singh and others

Being aggrieved by the judgment and order dated 24/04/2002 passed by ASJ, Khachrod, District-Dewas passed in ST No.244/2002 whereby the learned Court has convicted the appellant for the offence punishable under Section 323 and 354 of IPC and imposed fine of Rs.500/- and imprisonment of six months with fine of Rs.2,000/-, in default of payment of fine, further to undergo SI for one month respectively, the appellant has preferred the present appeal.

Facts in brief are that the prosecutrix who was working as ANM at Sub-Health Centre, Tiwadia was going to administer

medicine to Village-Tikwada and Badnawar on 13/10/2001. After taking medicines from Khategaon. She took lift and boarded the tractor of the appellant who was also going the same direction. On the way, when tractor reached in a deserted forest area near a nullah, the accused stopped the tractor on the pretext of some fault. He went of the tractor pretending that he is going to repair it. Suddenly he reached behind the prosecutrix and caught her. On her resistance, he lifted her in his arms and thrown her on the ground and put himself over the prosecutrix and threatened her to keep quite, else he will kill her. The prosecutrix pushed the accused, her bangles broken down. At that time, on seeing the bullock-cart coming towards them, the accused/appellant left her and fled away. The prosecutrix narrated the incident to Krishnabai, who was present in the bullock-cart and on next day after reaching Khategoan filed the report Ex.P/1. The police after investigation filed the charge-sheet. The accused was charged with Section 341, 323, 376 readwith Section 511 of IPC. After trial charge under Section 376 and 511 was not found proved and appellant was charged under Section 323 and 354 of IPC, as stated in para 1 above.

The appellant has preferred the appeal on various grounds but learned counsel appearing for the appellant submitted that he does not want to press the appeal on merits. He only prays that considering the nature of offence and in the peculiar facts and circumstances of the case and also keeping in view the long pendency of the appeal, the jail sentence of the appellant may be reduced to the period already undergone.

Learned Public Prosecutor opposes the prayer.

I have considered the prayer of appellant. The date of incident is 30/10/2001. Appellant remained in jail for 7 days. Certainly the pre and past incidents, conduct of the appellant, cannot be lost sight and can be taken as mitigating circumstances. Appellant is facing trial since 2002. So looking to the fact and circumstances of the case, the substantive sentence of appellant awarded by the trial court under Section 354 IPC are altered from six months RI to the imprisonment of period already undergone with fine amount of Rs.5,000/- instead of Rs.2,000/-. The award of compensation awarded by trial Court is enhanced from Rs.1,000/- to Rs.5,000/-.

To the aforesaid extent the impugned judgment and order of the trial Court dated 24/02/2002 passed in Sessions Trial No.244/2002 is modified. Accordingly this appeal is partly allowed in the terms indicated above. A copy of this order be sent to the Court of ASJ, Khachrod, District-Dewas for information and necessary compliance.

With the aforesaid, appeal is disposed of accordingly.

C.C. as per rules.