1 2025:CGHC:30652 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 371 of 2020 Sageer Khan S/o Shahjaad Aged About 38 Years R/o- P.W.D. Colony, Police Station Keshkaal, District Kondagaon, Chhattisgarh, District : Kondagaon, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Keshkaal, District Kondagaon, Chhattisgarh, District : Kondagaon, Chhattisgarh ... Respondent For Applicant : Mr. Sandeep Dubey, Advocate. For Respondent/State : Ms. Ankita Shukla, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 04.07.2025 1. This criminal revision is preferred against the judgment and order dated 27.02.2020 passed in Criminal Appeal No. 17/2019 by the learned Additional Sessions Judge, Kondagaon, District – Kondagaon, dismissed the appeal, and partly affirmed the order of conviction passed by the Judicial Magistrate First Class, Keshkaal, District – Kondagaon, Chhattisgarh, in Criminal Case No. 298/2016, wherein the applicant has been convicted under Section 294 of the Indian Penal Code (in short 'the IPC') and sentenced him to undergo one month of rigorous imprisonment PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.07.05 14:40:56 +0530 2 and pay fine of Rs. 200/- and under Section 332 of the Indian Penal Code (in short 'the IPC') and sentenced him to undergo 02 years of rigorous imprisonment and pay fine of Rs. 500/- ,further, in default of payment of fine amount, 15-15 days of rigorous imprisonment on each offence. All the sentences to run concurrently. 2. The case of the prosecution in brief is that on 24.10.2016 around 03:10 the applicant, namely, Sageer Khan went to Government Girls Higher Secondary School to meet complainant, namely, Chetanlal Mandavi where it is alleged that accused requested to lent the school premises on for 08.11.2016 whereas the complainant stated that from 07.11.2016 half yearly examination as to be conducted and subsequently complainant reported lodged an FIR stating that the accused abused him with filthy language and assaulted with hand and fists. The matter was reported to the Police Station Keshkaal District Kondagaon (C.G.) through a written report Ex.P-1, which the offence under Sections 294, 186, 451, 353, 332, 506-Part II of IPC under Crime No. 128/2016 has been registered. After completion of investigation charge-sheet, in absence of appellant filed before competent Court. The charges under Section s294, 451 and 332 were framed against the applicant and application abjured the charges. To prove their case prosecution examined as well as 10 witnesses, whereas no defence witness was examined by the applicant. The learned trial Court after going through the evidence and record reached to the conclusion vide its order dated 08.04.2019 that the present applicant is guilty for offence under Sections 294, 451, 332 and consequently convicted the present applicant for the aforesaid offences. 3. Being aggrieved by the order dated 08.04.2019 the applicant Criminal Appeal No. 17/2019 before Additional Session Judge Kondagaon, District Kondagaon, Chhattisgarh. The appellate Court vide its judgment dated 3 27.02.2020 acquitted the present applicant for offence under Section 451 of IPC but affirmed the conviction under Section 294 and 332 of IPC. Hence, this appeal. 4. 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 02 months and 04 days of jail sentence. Therefore, the sentence already undergone by him may be suffice to meet the ends of justice by enhancing the fine amount. 5. Per contra, learned Panel Lawyer, appearing for the respondent/ State, would strongly support the impugned judgment and submit that there is no need to interfere with the sentence. 6. I have heard learned counsel for the parties, perused the judgments of the trial Court and records of the trial Court with utmost circumspection. 7. 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 and sentenced the applicant as mentioned in paragraph one of this judgment. I am of the view that the trial Court and the appellate Court have not committed any illegality or infirmity in affirming the conviction of the applicant for offence under Sections 294 and 332 of the IPC. 8. Now considering the question of sentence, as the applicant is facing criminal trial since 2020 and thereafter more than 04 years has been elapsed, considering the age of the applicant at present and further considering that the applicant has already undergone 02 months and 04 days of jail sentence and there would be no useful purpose to again send 4 the applicant in jail as he has already suffered agony of criminal trial for so many years, that meets the ends of justice. So this Court finds it appropriate to reduce the sentence from R.I. for one month with fine amount of Rs. 200/-, in default of payment of fine to further undergo R.I. for 15 days under Section 294 of IPC to the period already undergone by the applicant i.e. 02 months and 04 days of jail sentence, however fine amount is enhanced from Rs.500/- to 10,000/- for the offence under Section 332 of IPC. Total enhanced fine amount of Rs. 10,000/- shall be deposited by the applicant in addition to the fine amount already deposited by him, within a period of 02 months from today before the trial Court concerned, and the same shall be paid to the Government School for Visual and Hearing Impaired, Bastar (C.G.), failing which the trial Court shall take him into custody in accordance with law to further undergo the sentence as has been ordered by the appellate Court. Ordered accordingly. 9. The criminal revision is partly allowed to the extent indicated hereinabove. 10. Let a copy of this order and the original records be transmitted to the trial court concerned forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Preeti