1 Cri. A. No.502/2002 HIGH COURT OF MADHYA PRADESH : JABALPUR S.B. : HON'BLE SHRI JUSTICE S.C. SINHO Criminal Appeal No. 502/2002 Pappu @ Kariya s/o. Ram Kishore -Vs.- The State of Madhya Pradesh Counsel for the Appellant : Shri B.J. Chourasiya, Advocate Counsel for the resp./State : Shri R.K. Kesharwani, Panel Lawyer. J U D G E M E N T (13.12.2011) This appeal has been filed under section 374 (2) of Cr.P.C. being aggrieved by judgment of conviction and order of sentence dated 18.3.2002 passed in S.T. No.433/2001 by learned Third Additional Sessions Judge, Rehli under section 354 of IPC and sentenced to undergo rigorous imprisonment for 2 years. 2. Prosecution case in short is that on 1.12.2001, complainant Miss. Mandobai D/o. Punnu Rajak, aged about 10 years had gone to see Chandimata Fair in village Ganjora and when at about 6.30 p.m. she was returning back, the appellant caught her hand and took her in hut, there he removed underwear of the prosecutrix and tried to commit rape with her meanwhile her father and one Rishi came with Phula then the appellant ran away leaving 2 Cri. A. No.502/2002 the prosecutrix. After due investigation charge-sheet was filed u/s. 376/511 of the IPC. 3. Learned counsel for the appellant submitted that appellant has remained in jail from 4.12.2001 to 6.12.2011 (i.e. for 3 days). 4. At the trial prosecutrix (PW-1) lodged a report Ex. P/ 1 to the effect that on 1.12.2001 that when she had been to Chandimata fair and returning back at about 6.30 p.m. appellant came there, caught her hand and took her to hut and tried to commit rape with her, in the meanwhile her father reached on the spot and appellant ran away. Prosecutrx (PW-1) fully supported the prosecution case and Punnu father of the prosecutrix (PW-4) and Sukhlal (PW-6) also corroborated the incident. 5. As before this court the finding of conviction of the appellant u/s. 354 of IPC is not challenged, hence, the aforesaid findings are hereby affirmed. 6. With regard to sentence is concerned, admittedly, the appellant was in custody from 4.12.2001 to 6.12.2001. No previous criminal conduct of the appellant has been proved by the prosecution. No fruitful purpose will be served by sending him for short term of sentence in jail. In these circumstances, the jail sentence awarded by the court below can be reduced to the period already undergone by him in jail by imposing the fine amount. 7. Resultantly, the appeal is allowed in part. The conviction of the appellant u/s. 354 of IPC is hereby affirmed but the sentence of R.I. for 2 years as awarded by the court below is hereby modified and instead thereof, 3 Cri. A. No.502/2002 the appellant is sentenced to the period already undergone by him in jail (from 4.12.2001 to 6.12.2001), however, the fine of Rs.2,000/- is imposed u/s.354 of IPC. The fine amount so imposed be deposited within a period of 3 months, in default of payment of fine R.I. for 3 months. 8. With the aforesaid directions and modifications in the sentence, appeal stands disposed of. A copy of this order be sent to the trial court for information and compliance. (S.C. Sinho) Judge RC