High CourtsSingle Bench

Ramprasad vs State Of Chhattisgarh

Chhattisgarh High Court · Decided on 30 September 2019 · Citation: (2019) 09 CHH CK 0184

HON’BLE JUDGES
Sharad Kumar Gupta, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 294, 354, 506 · Scheduled Castes And Scheduled Tribes (Prevention Of Atrocities) Act, 1989 — Section 3(1)(xi) · Code Of Criminal Procedure, 1973 — Section 437A
RESULT
Partly Allowed
CASE NUMBER
Criminal Appeal (CRA) No. 825 Of 2009
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Judgment

16 paragraphs · 258 words

Conviction u/S.,Sentence RI.,Fine,"In default of payment of

fine

354 Indian Penal Code

(in brevity 'IPC')",6 months,"Rs.1,000/-",15 days RI

under Section 354 IPC. Hence no useful purpose would be served if he is sent to jail after 10 years of the incident. Looking to these circumstances,,,

and observation made by Hon'ble Supreme Court in the matter of Manjappa vs. State of Karntaka {(2007) 6 SCC 231} this Court is of the opinion,,,

that cause of justice would be subserved if RI for 6 months is reduced to the sentence for the period already undergone by him and fine amount be,,,

suitably enhanced.,,,

17.

Consequently, the appeal is partly allowed. The sentence of the appellant under Section 354 IPC to undergo RI for 6 months is reduced to the",,,

period already undergone by him and fine amount of Rs. 1,000/- is enhanced to Rs. 25,000/- (Rupees Twenty Five Thousand only). In default of",,,

payment of fine, he shall further undergo additional RI for 3 months.",,,

18.

The appellant is granted two months' time from the date of this order for depositing the fine amount. The fine amount deposited earlier by the,,,

appellant shall be adjusted in the fine amount of Rs. 25,000/-.",,,

19.

After the prescribed period of legal remedy available to the parties, Rs. 20,000/- (Rupees Twenty Thousand ) out of the fine amount Rs. 25,000/-",,,

if deposited, be given to the prosecutrix as compensation.",,,

20.

The appellant is reported to be on bail. His bail bonds stands discharged subject to the provisions contained in Section 437-A of Cr.P.C.,,,