lffs%: a'r OF MABHX& p CF0000057761 CB.APP3AL NO.t'540 OF 199^. (<- APPSLLAHSS (GH B&IL) -^- f- s^· Mw i/li!> ,„, j, yv-^y BHl^v?^1"'-^, K iil vA ^-^ r-..-2ll^ T>( 1. Sarra, alia^s, Eameshwar, aged aboat 48 yea.rs, S/o. Manboy. 2. Miawa, alias, Meban, ageel -' about 2i<- years, S/o.Pfauls.ai. 3. Maabodb, aged about 28 ' ysars, S/o.Baae^hvar. ^' >.'•• k-. Kallaa, slias, Bajaa, aged a'b@aA 21 years, S/o.BanBSbwar. f"..' . /"' All residents ®fTills Hardeokacbhar, P.S.Pali, BIS'EBieisBIIASPlJB (M.P.). / versus State of Madbya Pradesfa B.:a. RAJESH KUMAR SONTEKE Digitally signed by RAJESH KUMAR SONTEKE Date: 2025.02.06 12:39:15 +0530 A 1&, fe HI6H COURT OF CHHATTISeARH AT BILASPUR Single Bench ; Hon'ble Mr. Justice Pritinker Dlwaker Oiminal Appeal No. 1340 of 1994 APPELLANTS RESPCTMDENT Garra @ Rameshwcr Aothers. Vwsus State of Madhya Pradesh Smt. Kiran Jain, counsel for the appetlanTs. Shri ftavindra Agrawai, P. L for the respondent/Stote. CRIMINAL APPEAL UNDER SECHON 374 (2) OF THE CODE OF CRIMINAL RIOCEDL«E JU06MENT (28.06.2010) Present appeal arises out of the hnpugned judgmait and order dated lO.tO.1994 passed by 5 Additiond Sessions Judge, Bilaspur in Sessions Trial No. 30/1994 whereby convicting the accused/appellants for the offence punishable under Sect-ion 366 of the Indian Penal Code cmd seitencing him to undergo rigorous imprisonment for three years. 2. Brief facts of the case are that on 01.11.1993 Fl.R. (Ex.P-1) was lodged by comptainant Menjhre Bai (PW-1), ciged about 17 years atleging in it that on 29.9.1993 ort- about 5 pm when she was in her house along with other family members, main accused/appetlOTt No. 1 Kalki ond other accused persons came there and forcibly taken her against her will. It is furt-her alleged tho* on 3rd dny she came out from the possession of accused/ap|»ltant No. 4 Katlu with the hetp of her brothers. On the bosis of this F.I.R., offences under Secl'ions 363 <md 366/34 of the Indicn Penal Code were registered against alt the accused persons. After invest'igQtion. ..St..^. y .rf°">°3si"^, f ^^ ^ 1 s^% 3 "^ gh^_^S! ./ "^s^^"^/' '":^?*g^F'^ ^^r ,;'). challan wos filed on 23.12.1993 for the offencea under Sections 363 A 366/34 of the Indian PCTOI Code. 3. So as to hold the accused/appeltonts guitty. prosecution has examined as many as 07 witneases hi supporl' of its cose. Statements of the occused pwsons were also recorded under Secl'ion 313 of the Code of Criminal Procedure in which they denied the chorges levejled agcrinst' than and pleoded their innocence and fa!se implication in the cose. Apart from this, one witness namely Mondat (DW-1) hos dso been examtaed by the defence in support of its case. 4. After hewing the porties the trial Court has acquitt'ed the accused persons for the offence imder Section 363 of the Indian Penal Code but hce convicted and sentenced the accused/appellants as inentioned obove. Hence this appeal. 5. Heard counsel for the porl-ies and perused the material available on record inch.iding judgment impuywd. 6. Counsel for the qyetlcnts submits thot she 1s not pressing this appeal as far as it relort-es to conviction parl- of the impugned jud9ment and would confine her <rgtmi»itto the sentence pcrl- thereof only. Accortfng to her, in tte present cc®e,main accused is Kaltu ond he has atready under9one the entire sentence of three years. She submits the other accuse<l persons i.e. appeltants No. 1 to 3 who have altegaljy helped Kallu in the commission of offence have alw remalned in jaii for about six months end incident is said to have takenplace in the year 1993, orfter commissisn of offenee complaifwnt Menjhr'e Bai (PW-1) got mouTied els©where,no useful puppose would be served in sending the accuscd/appellant No. 1 to 3 to fl f'~m Y! 8S6;&- t! ';; "'sib. S I '^ 1 •l:i-3-^' /S» /" jail and it would be in the interest of justice if the saitence imposed on them is reduced to the period atready undergone by than. To this, counsel for the Stote has no serious objection. 7. In view of above, the appeal is pcrtly altowed. Conviction part of the impjgned judgment is maintained. Main accused Kaltu has already undergone the entire sentence of three yeors whereas remaining accused/appellants No. 1 to 3 are report'ed to haw renwained in jail for otoout slx months ond, therefore their sentences we reduced to the period atready undergorw by thCTd. However, in lieu thereof. q>pet((nr«ts No. 1 to 3 are directed to poy fine of Rs. 1500/- (Rs.500 by each of the appettants) before the triol Judge within four months from the doy of receipt of copy of this order. Failure, if ony, in depositing the anount within the period stipulated, would mcfce the appellants No. l to 3 lioible to be (nside the jail for a further period of six months rigorous imprisonment. 8. Appeat thus partly ajcceeds. w Sd/- pritinker DivMaker