@ g‘ $§§§g§a '53anw 1 IN THE HIGH COURT OF JUDICATURE CHHATTISGARH AT BILASPUR VISION No.5Eé 004 v~ E ! 2 W Hemsagar Chouhan S/o Ram Pd Prasad Chouhan, Aged about 32 years, R/o Pradhanpur, P.S. Baramkela, Tahsil Sarangarh, Dist : Raigarh—(C.G.) r Versus DR ‘3 Noh-Appii R {é‘w t] State of Chhattisgarh Through D.M.Ra1‘garh, Dist : Raigarh—(C.G.) CRIMINAL REWSION‘UNDER SECTION 397/QW SECTION 40 {/03}? THE CObE OF CRIMINAL PROCEDURE i C ‘ / @ HIGH COURT OF CHHATTISGARH AT BILASPUR (Hon. Mr. Justice Pritinker Diwaker) Cri inal evision a. 0 f Q64 APPLICANT Hemsagar Chouhan VERSUS State of Chhattisgarh QESPOEQENT The present revision arisee out of" the judgment and Order dated 29.09.2004 passed by Second Additional $eSsions Judge, Raigarh, in Criminal Appeal No.32/2004 affirming the judgment and order dated 03.02.2004 passed by Judiciai Magistrate First Class, Sarangarh, District—Raigarh in Criminai Case No.31712003' convicting the accusedlapplicant under Section 3S4 and 452 of IPC and sentencing him to undergo rigorous imprisonment for six months u/s 3S4 and rigorous imprisonment for six months and pay fine of Rs. 500 u/s 452 of IPC,V in defauit of payment of fine to further undergo imprisonment for two months. 2. Brief facts of the case are that on 01.03.2003, at about 5.30 p.m. FIR Ex. P-1 was lodged by the prosecutrix (PW-1), 4" alleging in it that on 27.02.2003 at about 2 p.m. when she was sitting in her house, the applicant came to her, pulled her sari, embraced her and thereafter pressed her breast, Ehe has alleged that when her mother-in-law came there upon hearing cries raised by her, the applicant fled away‘from the spot. Based on this report, offence under $ection 354 and 4'52 was registered against the applicant and after completion u'f V S O I N 40 H c D OF c MI 'OCE ilk; * O R Q E g ~ (28.06.2011) .- 1’ of investigation, Challan was fiied on 25.03.2003 against him for the said offence. 3. So as to hoid'Vthe accusediappiicant guilty, prosecution has examined as many as 14 witnesses in support of its case. Statement of the accused/applicant was also recorded under seCtion 313 of the Code of‘fCriminal Procedure in which he denied the charges ieveiied against-him and pleaded his innocence and false impiication in the case. 4. Aiter hearing the parties the triai Court has convicted the aécused/ap‘giicant for the offence under Sections 354 and 452 of IPC and sentenced him to undergo rigorous imprisonment for six months uls 3‘54 and rigorous imprisonment for six months and pay fine of Rs. 500 ufs 452 of IPC, in defauit of payment of fine to further undergo imprisonment for two months. In appeal, the appellate Court has confirmed the judgment of the trial Court vide judgment impugned. 5. Heard counsel for the parties and perused the material available on record including the judgment impugned. 6. Counsel for the applicant submits that he is not pressing this revision as far as it relates~to conviction part of the impugned judgment and would confine his argument to the sentence part thereof only. He further submits that the incident had taken place about O8 years back, the applicant has already remained in jail for about three months, no useful purpose would be served in sending him back to jaii.and it would be in the interest of justice if the sentence imposed on him is reduced to the period already undergone by him. However, the fine amount may be suitably enhanced. To this, counsel for the State has no serious objection. 7. In View of above, the revision is partiy anowed. Conviction part of the impugned judgment is maintained but ioaking to the f’a’cts and circumstances of the case, in particular, the incident had taken place about 08 years back, the applicant has already remained in jail for about three months, Jail sentence imposed on 'him is reduced to the period already undergone by him. However, in lieu thereof, theapplicant is directed to pay fine of Rs. 3,000 in addition to the fine amount awarded by the trial COurt which would be paid to the prosecutrix namely Sumati (PW-1) within a period of six months from the date of receipt of copy of this order, _' The applicant would get the advantage of this judgment, if he deposits the fine amount imposed on him by this Court as well as by the trial Court. 8. Revision thus partly succeeds. "b /