1 Cri. A. No.303/1999 HIGH COURT OF MADHYA PRADESH : JABALPUR S.B. : HON'BLE SHRI JUSTICE S.C. SINHO Criminal Appeal No. 303/1999 Munna @ Dilip Yadav -Vs.- The State of Madhya Pradesh Counsel for the Appellant : Shri S.D. Khan, Advocate Counsel for the resp./State : Shri R.K. Kesharwani, Panel Lawyer. J U D G E M E N T (14.12.2011) Appellant has filed this appeal u/s. 374 (2) of Cr.P.C. being aggrieved by the judgment dated 24.11.1998 passed by Special Judge, Seoni in Special Case No.11/1997 whereby convicted appellant u/s. 366 r/w. 511 and 354 of IPC and sentenced to undergo R.I. for 3 years and R.I. for six months respectively. 2. Briefly the facts of case are that on 27.2.1997 at 7 p.m. Sushila Bai the prosecutrix went for natural call with Nani Ratto Bai in village Madai. At that time appellant alongwith other accused persons came there forcefully asked her to sit in jeep and thus she shouted, people gathered there. Accused Prabhat assaulted one Kishan by lathi on head. The prosecutrixt on the same day lodged the report. 3. Learned counsel for the appellant submitted that appellant has remained in custody from 1.3.1997 to 28.3.1997 i.e. 28 days. 2 Cri. A. No.303/1999 5. As before this court the finding of conviction of the appellant u/s. 366 r/w 511 and 354 of IPC is not challenged, hence, the aforesaid findings are hereby affirmed. 6. Learned court below has held that the prosecutrix was 20 years and on 27.2.1997 she sent with her Nani for natural call, appellant came there and attempted to abduct her but as she made hue and cry, she could not be abducted. On the next day named FIR was lodged by the prosecutrix. Prosecutrix was married 2 years prior to this incident. 7. With regard to sentence is concerned, admittedly, the appellant has remained in custody from 1.3.1997 to 28.3.1997 i.e. 28 days. 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. 8. Resultantly, the appeal is allowed in part. The conviction of the appellant u/s. 366 r/w. 511 and 354 of IPC is hereby affirmed but the sentence of R.I. for 3 years and R.I. for 6 months as awarded by the court below is hereby modified and instead thereof, the appellant is sentenced to the period already undergone by him in jail (from 1.3.1997 to 28.3.1997), however, the fine of Rs.2,000/- is imposed on the appellant u/s. 366 r/w. 511 of IPC. The fine amount be deposited within a period of 3 months, in default of payment of fine R.I. for 2 months. 9. Out of the recovered fine amount Rs. 1,500/- be paid to prosecutrix Sushilabai, R/o. of village Madai, Police Station- Lakhnadaun, District-Seoni towards compensation u/s. 357 of 3 Cri. A. No.303/1999 Cr.P.C. 10. 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