SAFEEQ KALA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS is an appeal against the judgment dated 16.9.2006, passed by the Special Judge,( SC & ST AtrocityAct ) Jabalpur, in Spl. Case No.40/2005 convicting the accused-appellant Safeeq Kala S/o Washir Mohd. under Section 354 of the I.P.C., and sentencing him to suffer rigorous imprisonment 6 months and fine of Rs.500/- in default R.I for one month.

(2.) LEARNED counsel for the appellant, at the outset, submitted that he does not wish to press the appeal on merits and confine his arguments to the sentence part only. He has challenged only quantum of punishment. He has submitted that Section 354 IPC is punishable simplicitor fine only. The incident is of the year 2005 more than seven years have passed and appellant has suffered mental and financial loss. He be convicted with fine amount only and jail sentence be set aside.

(3.) ACCORDINGLY, the appeal filed by the appellant is partly allowed. The order of conviction passed against the appellant is maintained. However, the sentence of six months R.I. awarded to the appellant is modified to the extent of sentence already undergone by him. His jail sentence is hereby set aside. The fine of Rs. 500/- imposed by the trial Court is hereby enhanced to Rs.5,000/-(Six thousand only). It is submitted that fine amount of Rs. 500/- imposed by trial Court has been deposited. The appellant shall deposit Rs.4,500/-(Rs. four thousand and five hundred only) from three months from today. If the fine amount is not deposited by him then he will suffer the imprisonment as ordered by the trial Court.