Court No. - 41
Case :- CRIMINAL APPEAL No. - 2913 of 2006 Appellant :- Mallu Respondent :- State Of U.P.
Counsel for Appellant :- R.P. Tiwari Counsel for Respondent :- Govt. Advocate
Hon'ble Rajeev Misra,J.
1. Heard Mr. R.P. Tiwari, learned counsel for the appellant and the learned Additional Government Advocate, the appellant herein, for the State.
2. This appeal has been preferred against the judgement and order dated 24.04.2006 passed by B. Ram, the Additional Sessions Judge (F.T.C. No.2), Pilibhit, in Criminal Misc. Case No. 4M of 2006 (State of U.P. Vs. Mallu) whereby the present appellant has been convicted and sentenced under Section 344 Cr.P.C.The appellant has been directed to undergo rigorous imprisonment for a period of one month.
Mr. R. P. Tiwari learned counsel for the appellant very fairly submits that he is ready to argue the appeal only on the question of sentence and therefore, he does not want to touch the merit of the case. It is thus urged that as per the provisions under Section 344 Cr.P.C. the Court has the power to award fine or punishment or both. He thus submits that interest of justice can better be served in case the punishment awarded to the appellant is modified with the payment of fine alone. The amount of fine payable by the appellant is enhanced and the same is directed to be paid to the victim.
Learned A.G.A. does not dispute the aforesaid submissions urged by the learned counsel for the appellant.
In view of the above, the present criminal appeal succeeds and is allowed. The impugned judgement and order dated 24.04.2006 is hereby modified.
The conviction warded by the court below shall stand modified and the appellant shall now pay a sum of Rs. 25,000/- to the victim by way of a Bank Draft within a period of one month from today. The amount so deposited by the appellant, shall be paid to the victim. In case of default, the present criminal appeal shall stand dismissed and the appellant shall serve out the sentence awarded to him.
Order Date :- 29.1.2019 YK