Crl.A. No. 1507 of 2008 1

      IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 1507 of 2008

AMARCHAND TIWARI & ORS. ..... APPELLANTS

VERSUS

 STATE OF M.P.    .....   RESPONDENT

O R D E R

1.  The appellants herein have been convicted under  

Section  498A  of  the  Indian  Penal  Code  and  whereas  

appellant No. 1, 2 and 3 had been sentenced to undergo  

rigorous imprisonment for one year, appellant No. 4  

Vishnu  Prasad,  the  husband,  has  been  sentenced  to  

undergo three years rigorous imprisonment.  It is the  

conceded  position  that  Amarchand  Tiwari  and  Gayatri  

Devi, A1 and A3, have already undergone the one year's  

sentence whereas A4 has undergone two years and eight  

months of the sentence.  We, accordingly, feel that the  

ends of justice would be met if the sentence of Vishnu  

Prasad is reduced to that already undergone by him.  

Insofar  as  appellant  No.  2  Navratri  Tiwari  is  

concerned, we find that she was about 17 years of age  

as on the date of the F.I.R.  She was, accordingly, a

Crl.A. No. 1507 of 2008 2

juvenile on that date.  Being a juvenile she could not  

have been tried in a Criminal Court along with the  

other accused.   In normal circumstances, we would have  

sent this matter back to the Juvenile Board insofar as  

she was concerned  but in the light of the fact that  

many years have lapsed since the prosecution started,  

we  find  that  this  procedure  is  not  required  to  be  

resorted to in the present case.  In view of the above  

facts the trial against Navaratri Devi appellant must  

be held  to be vitiated and her order of conviction is  

accordingly, set aside.  She is deemed to be acquitted.  

2. No further orders are necessary.

3. The appeal stands disposed of accordingly.

    .........................J      [HARJIT SINGH BEDI]

    ........................J      [CHANDRAMAULI KR. PRASAD]

NEW DELHI APRIL 26, 2011.