HEMANT GUPTA, J - (1.) The State is in appeal challenging the Order dated 08.05.2012 passed by the High Court of Judicature of Madhya Pradesh at Jabalpur, sentencing the respondent for an offence under Section 3(1)(xi) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (The Act) to the sentence already undergone, but enhancing the fine from Rs. 500/- to Rs. 3000/-.
(2.) The aforesaid Order of the High Court was passed in appeal filed by the respondent herein against the Order dated 12.03.2007 passed by the trial court whereby the respondent was convicted for the offence under Section 3(1)(xi) of the Act and was sentenced to undergo rigorous imprisonment for six months with fine of Rs. 500/-.
(3.) In appeal, the High Court has recorded the statement of the counsel for the respondent that he does not wish to press the appeal on merit and confines his argument to the sentence part only. It was on such statement; the appeal was disposed of. The relevant extract from the order of the High Court reads as under:- "(2) Learned counsel for the appellant, at the outset, submitted that he does not wish to press the appeal on merit and confine his arguments to the sentence Part only. He has challenged only quantum of punishment. He has submitted that, appellant has deposited the fine amount of Rs. 500/- and has been undergone sentence for 11 days during the course of trial...... (5) Accordingly, the appeal filed by the appellant is partly allowed. The order of conviction passed against the appellant is maintained. However, the sentence of six months R.I. awarded to the appellant is modified to the extent of sentence already undergone by him. His jail sentence is hereby set aside. The fine of Rs. 500/-imposed by the trial court is hereby enhanced to Rs. 3,000/- (Rs. Three Thousand only)......." ;