IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANI th ON THE 6 OF FEBRUARY, 2024 CRIMINAL APPEAL No. 2394 of 2008 BETWEEN:-

MOHD. ATEEK, S/O MOHD. LATEEF, AGED ABOUT 26 YEARS, RESIDENT OF H.NO.425, GALI NO.2, SUDAMA NAGAR, AESHBAG BHOPAL (MADHYA PRADESH)

.....APPELLANT (BY SHRI PREM NARAYAN MISHRA - ADVOCATE AS AMICUS CURIAE)

AND THE STATE OF MADHYA PRADESH THROUGH THE POLICE STATION NISHATPURA, BHOPAL (MADHYA PRADESH)

.....RESPONDENT (BY SHRI MANISH MUKHARIYA - PANEL LAWYER)

This appeal coming on for hearing this day, the Court passed the following:

JUDGMENT

By the present appeal filed under Section 374(2) of the Code of Criminal Procedure, the appellant has challenged the judgment of conviction and order of sentence passed by Sessions Judge Bhopal in S.T. No.290/2008 whereby the appellant has been convicted under Section 435 of IPC and sentenced to undergo 01 year R.I. and fine of Rs.1,000/- with default stipulation.

2 . As none appeared on behalf of the appellant, Shri Prem Narayan Verma, Advocate who is present in the Court, has been requested to assist the Court on behalf of the appellant as amicus curiae.

3. As per prosecution story, on 04.