Summary
The Supreme Court retained Haribhau’s unchallenged convictions for assaulting and abusing a schoolteacher but reduced imprisonment to the one month already served. The old incident had occurred on the spur of the moment, and he had no criminal antecedents or other pending criminal case. The total fine was increased from Rs 800 to Rs 15,000, payable to the complainant. Failure to deposit it within one month would revive the original imprisonment sentence.
Issues
- Whether the imprisonment sentence should be reduced to time already served while increasing the fine payable to the complainant.
Held
- The appellant did not challenge his conviction. The sentencing factors included one month already served out of three months, the age of the incident, its spur-of-the-moment nature, absence of criminal antecedents and absence of another criminal case. These circumstances justified reducing imprisonment to the period already undergone. (¶ 10–15)
- The total fine was enhanced from Rs 800 to Rs 15,000 for payment to the complainant. It had to be deposited in the trial court within one month; failure would revive the original jail sentence and require service of the balance. (¶¶ 14, 16–18)
Result
Appeal partly allowed on sentence: imprisonment reduced to one month already undergone, total fine increased to Rs 15,000 payable within one month to the complainant; original jail sentence revives on default.