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2003 DIGILAW 711 (PNJ)

Om Parkash alias Parkash v. State of Haryana

2003-05-14

S.S.SARON

body2003
JUDGMENT S.S. Saron, J. - The present revision petition has been filed against the order dated 31.5.1989 passed by the learned Additional Sessions Judge, Sonepat, whereby the order of conviction passed by the learned trial Magistrate has been upheld but sentence has been reduced from 9 months to 6 months for the offence under Section 452 Indian Penal Code and from one year to 6 months for the offence under Section 326 whereas for the offence under Section 324 Indian Penal Code the sentence and that of fine for all has been maintained. 2. After arguing for some time, learned counsel for the petitioner has stated that the occurrence in the present case took place in the year 1982 and thereafter, since then the petitioner is suffering the travails of long trial and, therefore, the question of sentence may be considered. As already noticed above, the petitioner has been sentenced to undergo imprisonment for 6 months vide order dated 31.5.1989. The present petition was admitted on 20.6.1989 and bail was ordered to the satisfaction of CJM/Duty Magistrate, Sonepat. Therefore, the petitioner has undergone about 20 days of imprisonment. 3. I have considered the contention of the learned counsel for the petitioner and find some merit in his contention that the occurrence is of 28.1.1982 i.e. of a considerably long duration and it would quite be improper to send the petitioner now in jail to serve the remaining sentence. 4. Therefore, while maintaining the conviction it is ordered that the sentence already undergone would meet the ends of justice. The order imposing fine is, however, set aside for the reason that it would be in the interest of justice to award compensation to the victim in accordance with the provisions of Section 357(3) Criminal Procedure Code which reads as under :- "(3) When a Court imposes a sentence, of which fine does not form a part, the Court may, when passing judgment, order the accused person to pay, by way of compensation such amount as may be specified in the order to the person who has suffered any loss or injury by reason of the act for which the accused person has been so sentenced." 5. A perusal of the above Section shows that the Court may impose a sentence, of which fine does not form a part. A perusal of the above Section shows that the Court may impose a sentence, of which fine does not form a part. The Court may, when passing judgment, order the accused person to pay, by way of compensation such amount as may be specified in the order to the person who has suffered any loss or injury by reason of the act for which the accused person has been so sentenced. 6. Therefore, with a view to award compensation, the order imposing fine is set aside so as not to form a part of sentence. The Honble Supreme Court i n Hari Kishan and State of Haryana v. Sukhbir Singh & others, AIR 1988 Supreme Court 2127 has held that the provision relating to awarding of compensation to victims while imposing sentence has been seldom invoked. It has been held that in addition to conviction, the Court may order the accused to pay some of the amount by way of compensation to the victim who has suffered by the act of the accused. This power is intended to do something to re-assure the victim that he or she is not forgotten in the criminal system. It is a measure of responding appropriately to crime as well as reconciling the victim with the offender. 7. Keeping in view the above dictum of the Honble Apex Court and the facts and circumstances of the case that a period of almost 21 years has lapsed since the occurrence, it would be just and expedient and in the fitness of things to reduce the sentence of imprisonment from 6 months to the one already undergone and award the payment of compensation. A sum of Rs. 5000/-, is directed to be paid by the petitioner by way of compensation to the victim Mangal son of Dhani Ram resident of village Rumashpur, PS Rai, Tehsil and District Sonepat. This petition is disposed of in the above terms. Petition allowed.