MUKESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This present appeal is filed u/S.374 of Cr.P.C being aggrieved by the order dtd. 1/5/2024 passed by Special Judge, SC and ST, Distt. Shajapur in SC No.249/2023 whereby the appellant has been convicted u/Ss.354 A(1)(i) and 509 of IPC and sentenced to undergo RI for one year with fine of Rs.1000.00and one year RI with fine of Rs.2000.00 respectively with default stipulation.

(2.) According to the prosecution case, complainant made complaint that applicant sexually abused the complainant. Therefore, upon this, police authorities registered a case u/Ss.354 A(1)(i), 509 of IPC and Sec.3(1)(W-ii), 3(2)(5-a) of SC and ST Act against the appellant. Further investigation of the criminal case was conducted by the police and the challan was filed before the court below. Thereafter the case was committed for commencement of trial to the court whereby the charges u/Ss.354 A(1)(i), 509 of IPC have been framed against the appellants. The appellant denied the charges and thus the trial commenced on merits. After the conclusion of the trial the court found the appellant guilty for the charges as shown above.

(3.) Counsel for appellant submits that the appellant is not challenging the order of conviction on merit, but is confining his challenge on the question of sentence. It is submitted that out of jail sentence of one year the appellant has already undergone jail sentence of five months nine days. The incident is of year 2023. The appellant undertakes to maintain good conduct after release. Appellant has no criminal record and therefore, benefit of the Probation of Offenders Act, 1958 be extended to him. In this regard, learned counsel for the appellant placed reliance on decision rendered by Gwalior Bench in Criminal Revision No. 498/2023 (Jitendra Vs. State of M.P.) and also on para 13 of the decision of the Apex Court in the case of Lakhvir Singh and others Vs. The State of Punjab and others decided on 19/1/2021 in Criminal Appeal Nos.47-48 of 2021 which reads as under:-