VIKRAM DAS Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS is an appeal against the judgment dated 12.3.2007, passed by the Special Judge,( SC & ST (Atrocity Act)), in Spl.Case. No.52/2006 convicting the accused-appellant Vikram Das son of Amol Das under Section 3(1)(xi) of the Scheduled Castes & Schedule Tribes (Prevention of Atrocities ) Act, 1989 ( herein after referred to as "the Act") , and sentencing him to suffer rigorous imprisonment 6 months with fine of Rs.500/- in default R.I for one and half month (1? ).

(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 appellant has deposited the fine amount of Rs. 500/- and has been undergone sentence for 11 days during the course of trial. The incident is of the year 2006 more than six years have passed and appellant has suffered mental and financial loss. He be convicted with fine amount only and jail sentence be set aside. He further submits that appellant has been wrongly punished by the trial Court. Not only in the statement of complainant Himiya Bai (PW 6) but also in statements of Smt. Ghasitiya Bai (PW 1), Braj Lal Dhuliya (PW 2), Smt. RamotiBai (PW 3) and Smt. Indrawati Bai (PW 7) no where it has come that incident took place due to caste. Only in statement of complainant Himiya Bai (PW 6) it is very much clear that she was a girl she stated that her modesty was outraged but not due to caste . She belongs to Dhuliya by caste and appellant was Panika by caste. The report was lodged after 16 days. The whole prosecution case is based on the evidence of prosecutrix her self. The aforesaid act of the appellant is punishable u/s 354 IPC

(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.3,000/-( Rs. Three thousand only). It is submitted that fine amount of Rs. 500/- imposed by trial Court has been deposited. The appellant shall deposit Rs.2,500/-(Rs. Two thousand and five hundred only) from three months from today. If the enhance fine amount of Rs.2,500/- (Five hundred only) is not deposited by him then he will suffer the imprisonment as ordered by the trial Court.