IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE B. P. SHARMA

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ON THE 15 OF OCTOBER, 2025 CRIMINAL APPEAL No. 1833 of 2010 SURESH Versus THE STATE OF MADHYA PRADESH Appearance:

Shri Mithilesh Pd.Tripathi - Advocate for the appellant.

Shri Satypal Chadar - GA for respondent/State.

ORDER This appeal has been filed under Section 374 (2) of the Cr.P.C. r/w Section 415 of B.N.S.S. against the judgment of conviction and order of sentence dated 31.08.2009 passed in Sessions Trial No.18/09 by Special Judge {Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989}, Burhanpur whereby the appellant stands convicted and sentenced as under :

conviction under Sentenced Fine Section to RI for 6 Rs.500 and in default of fine to suffer R.I.

457 of the IPC months for 1 month RI for 6

354 of the IPC Nil months

3(1)(xi) of the RI for 6 Rs.500 and in default of fine to suffer R.I.

SC/ST Act months for 1 month

2. As per the prosecution story, in the intervening night of 10th and 11th June, 2007 when husband of the prosecutrix went to work at Petrol Pump and she was sleeping in the bed along with her children and her mother-in-law was also sleeping out side the house th