1 2025:CGHC:6125 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 1133 of 2015 Afsar Ali S/o Hussain Kadar Aged About 22 Years R/o M.G. Road Lakdi Taal, Near Gurunanak Chowk, P.S. -Maudhapara, Civil and Rev. Distt. Raipur Chhattisgarh. , … Applicant versus State of Chhattisgarh Through, District Magistrate, Raipur, Distt. Raipur Chhattisgarh. , ... Respondent(s) For Applicant : Mr. Awadh Tripathi, Advocate. For Respondent(s) : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 03.02.2025 1 This criminal revision is directed against the judgment dated 06.11.2015 passed by the learned Sessions Judge, Raipur, District – Raipur (C.G.) in Criminal Appeal No.194/2015, afÏrming the judgment dated 01.10.2015 passed by the Judicial Magistrate First Class, Raipur, District – Raipur (C.G.) in Criminal Case No 3425/2015, whereby the learned JMFC has convicted the applicant for offence as mentioned under: PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.02.06 19:37:40 +0530 2 Conviction Sentence U/s 342/34 of the IPC R.I. for 6 months and fine of Rs.200/- each, in default of payment of fine, additional R.I. for 30 days. U/s 365/34 of the IPC R.I. for 2 years and fine of Rs.300/- each, in default of payment of fine, additional R.I. for 45 days. Sentences are directed to run concurrently 2 The prosecution case, in brief, is that the informant Jai Motwani lodged a written report in police station Civil Line, Raipur that on dated 18.01.2015 at about 11.30 PM while he is coming back to his home from his factory by Maruti Swift Car bearing registration CG-04HQ-9909 and reaching the Sant Kabir Ram Chowk, Katora Talab, Raipur, the accused Afsar, Pankaj, Salki Sindhi and one other accused prevented him and brought out from the driver seat of the car and put the knife in his neck and threatened to sat on the back side of car and due to apprehension of his death he sat on the back side of the car, the accused Afsar sat on the driver seat of the car and taken the car to Sant Kabir Ram Girls School, Katora Talab and rounded the car here and there and brought the car Raja Talab Nurani Chowk, during which the accused Pankaj and other accused put the knife on his neck on the back side of the car. The accused Afsar stand the car on the side of his house and had gone to his house and after some time returned along with a silver colour mouser in his hand and taken the car to the street of Rathore Chowk at pull down him from the car and taken him in a house and prevented him for a period of half and hours and thereafter, again taken me to field of Prabhat Talkies and beaten him by fist and below for half and hours and thereafter, again taken me by car to RDA Building, Tikrapara and thereafter, taken me to the Firoz, who is the elder brother of Afsar and 3 again beaten me by hand and fists below and threatened me killing and on the point of knife and pistol taken my signature on blank paper and also directed to be return of Rs. 1,20,000/-and taken my purse in which the document of driving registration certificate and driving license Adhar Card and amount of Rs. 450/- present on the said purse and taken me on the said vehicle and live him at Gurunanak Chowk at about 5 AM, thereafter, I informed my father Ghanshyam Das Manwani and therefore, requested to proceed the matter, after due investigation, the investigating ofÏcer Station In-charge of Police Station Civil Line, Raipur filed final report of crime no. 50/2015 against Afsar Ali, Firoz Ali, Sanky and Pankaj Chouhan for offence under section 323, 506, 342, 365, 384, 34, 341 of I.P.C. before the court of J.M.F.C. Raipur, thereafter, the learned J.M.F.C. Raipur registered the case has criminal case no. 3425/2015 and framed charge against the accused person. 3 Learned counsel for the applicant submits that the learned Trial Court failed to consider the material on record and thus, the applicant has been convicted and sentenced as mentioned in paragraph one of this judgment itself is bad in law. Learned counsel emphasized that sentence may be modified suitably by enhancing the fine amount as the applicant has already undergone about 02 months of jail sentence. He also submits that the fine amount has been deposited. Therefore, the sentence already undergone by him may be sufÏce to meet the ends of justice by enhancing the fine amount. 4 Learned counsel appearing for the respondent/State, submits that both the trial Court and the appellate Court have rightly convicted and sentenced the applicant, in which no interference is called for. 4 5 I have heard learned counsel for the parties, considered their rival submissions made hereinabove and also went through the records with utmost circumspection. 6 From perusal of the records, it transpires that the trial Court after considering the material available on record and evidence of the prosecution witnesses, has convicted the applicant and sentenced the applicant as mentioned in paragraph one of this judgment. Considering the material available on record and the evidence adduced by the prosecution, I am of the view that the trial Court as well as the appellate Court have not committed any illegality or infirmity in convicting and sentencing the applicants and afÏrming the conviction of the applicant as mentioned above. 7 With regard to sentence of the applicant is concerned, considering the age of the applicant at present and further considering that the applicant has already undergone about 02 months of jail sentence and there would be no useful purpose to again send the applicant in jail as he has already suffered agony of criminal trial for so many years, that meets the ends of justice, this Court finds it appropriate to reduce the sentence from RI for two years under Section 365/34 of the IPC to the period already undergone by him i.e. about 02 months of jail sentence, however, fine amount is enhanced from Rs.300/- to Rs.10,000/- against of the applicant, in addition to the amount what has been deposited by him, and so far as Section 342/34 of the IPC are concerned, this Court finds it appropriate to reduce the sentence to the period already undergone by him i.e. near about 02 months of jail sentence. Enhanced fine amount shall be deposited by the applicant within a period of one month from today before the concerned trial Court and the same shall be paid to Government Home for Mentally Underdeveloped Children, Raipur (C.G.). 5 If the enhanced fine amount is not deposited by the applicant within the stipulated time, they shall further undergo as has been ordered by the trial Court. Ordered accordingly. 8 The criminal revision is partly allowed to the extent indicated herein- above. 9 Let a copy of this order and the original records be transmitted to the trial court concerned forthwith for necessary information and compliance. Sd/- Sd/- (Ramesh Sinha) Chief Justice Preeti