IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SMT. JUSTICE ANURADHA SHUKLA th ON THE 12 OF FEBRUARY, 2024 CRIMINAL APPEAL No. 3218 of 2013 BETWEEN:-

JAVED @ JABID KHAN S/O SHRI JAKIR KHAN, AGED ABOUT 26 YEARS, R/O VANSHSWARUP WARD BARGAWAN, KATNI, POLICE STATION KATNI, DISTRICT KATNI (MADHYA PRADESH)

.....APPELLANT (NONE)

AND THE STATE OF MADHYA PRADESH THROUGH P.S. MADHAV NAGAR DISTRICT KATNI (MADHYA PRADESH)

.....RESPONDENT (BY MS. VINEETA SHARMA - PANEL LAWYER)

Reserved on : 24.01.2024 Pronounced on: 12.02.2024 This appeal having been heard and reserved for judgment, coming on for pronouncement this day, the court passed the following:

JUDGMENT

In this appeal, the judgment passed on 27.11.2013 by the Sessions Judge, Katni, delivered in Sessions Trial No.30/2013 is challenged whereunder the appellant was convicted for the offence of Section 5 of the Explosive Substances Act and was sentenced to rigorous imprisonment for one year with fine of Rs.500/-. He was further sentenced to undergo additional rigorous imprisonment for three months, in case of non-payment of fine.

2. The brief story of prosecution case is that Assistant Sub Inspector Sawaldas Mourya posted at Police