High Court allowed statute-barred appeal on sentence enhancement ground, modifying fine amount while upholding conviction in a 1992 assault and mischief case.
Modified fine to Rs. 10,000 for each offence; if unpaid, R.I. for 3 months per offence.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRA No. 1114 of 2001
• State Of Chhattisgarh through the District Magistrate, Bastar at Jagdalpur, C.G. ----Respondent _____________________________________________________________ For Appellant : Mr. S.R. Jaiswal, Advocate. For Respondent/State : Mr. D.C. Verma, G.A.
Hon'ble Shri Justice Arvind Singh Chandel
Order On Board
13/04/2022
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the appellant. Thereafter, the matter was reported and offence was registered. After completion of investigation, charge sheet has been filed. Trial Court framed the charges under Sections 376 and 457 of the IPC. The prosecution has examined as many as 7 witnesses. No defence witness has been examined by the appellant. The appellant denied his guilt. After completion of trial, trial Court acquitted the appellant from the charge under Section 376 of IPC instead of that trial Court convicted the appellant for the offence punishable under Sections 354 & 457 of the IPC and sentenced as mentioned earlier. Hence, this appeal.
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upholding the conviction imposed upon the appellant, the judgment of lower Court is modified to the extent that the appellant shall only pay fine amount of Rs.10,000/- for each offences within a period of three months from the date of receipt of this judgment. Ordered accordingly. In default of payment of fine, the appellant shall be liable to undergo R.I. for 3 months in each of the offences. If the earlier fine amount has already been deposited by the appellant, the same shall be adjusted in the modified fine amount.
Sd/(Arvind Singh Chandel) Judge
Ravi
Tibu @ Jairam
State Of Chhattisgarh
Arvind Singh Chandel
As recorded by the court registry
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