This revision petition is directed against the judgment dated 17.11.1992 passed by Sessions Judge Dewas in Cr. Appeal No. 20/92 whereby conviction u/s 457 and 354 of the IPC and sentence of two years RI and fifie of Rs. 250 u/s 457 and one year's RI and fine of Rs. 250/- u/s 354 of IPC respectively awarded to the applicant vide judgment dated 25.2.92 passed by JMFC Dewas in Cr. Case No. 40/91 was altered to section 456 and 354 of the IPC and sentenced to six months RI and fine of Rs. 250/- in default of payment of fine 2 months further RI on each count.

The prosecution case, in brief, was that on 11.2.91 at about 9 p.m. the applicant Baldeo entered the house of complainant Mangubai (PW 1) by jumping wall of her house and out-raged her modesty. She made cry, hearing which Gorabai (PW 5) and Ramprasad (PW 2), the younger brother of her husband came there. Manubai narrated the incident to them. On the next day FIR Ex. P/3 was lodged and offence u/s 457 and 354 of the IPC was registered. After investigation challan was filed. The applicant pleaded not guilty. The learned JMFC convicted and sentenced the applicant as stated above. Being unsuccessful in criminal appeal the applicant has filed this revision petition.

Shri Bhatnagar, learned Sr. counsel for the applicant, did not challenge the conviction of the applicant. However, he submitted that the incident took place about 9 years back when the applicant was 16 years of age and he has suffered more than 15 days in carceration. Now he has got his own family and is living peacefully and the relations between both the parties have become normal, therefore, at this stage no purpose would be served in sending the applicant to jail. He prays that the jail-sentence awarded by the Courts-below be set-aside and the applicant be sentenced to the period already undergone. Shri Verma, Dy. G.A. does not oppose the prayer.

I considered the arguments advanced by counsel for both sides and perused the record. This incident took place about 9 years back, on 11.2.91 when the applicant was of 16 years of age and now he is living peacefully with his family. He has suffered jail-sentence about 15 days. Now after lapse of such a long period, no purpose would be served in sending him to jail. The Apex Court in case of Braham Das v. State of Himachal Pradesh reported in AIR 1988 SC 1789, after 8 years of the incident, set-aside the jail-sentence awarded to the accused-appellant holding that after such a long period the ends of justice would meet if the applicant is sentenced to the period already undergone.

In view of above, the jail-sentence awarded to the applicant is set-aside and he is sentenced to the period already undergone. However, the fine amount is raised and he is sentenced to pay fine of Rs. 1,500/- on each count, in default of payment of fine, he shall suffer 1 1/2 months SI on each count. The applicant shall deposit this fine amount within a period of one month (after adjusting the amount already deposited), failing which he shall surrender before JMFC Dewas, on or before 15.2.99 for suffering sentence in default of payment of fine.

In the result, the revision-petition is partly allowed as indicated above.