Honey Scott vs State Of U.P.
2024 Latest Caselaw 15085 ALL

Allahabad High Court

Honey Scott vs State Of U.P. on 1 May, 2024

Author: Subhash Chandra Sharma

Bench: Subhash Chandra Sharma

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:78001
 
Court No. - 81
 

 
Case :- CRIMINAL APPEAL No. - 1421 of 1983
 

 
Appellant :- Honey Scott
 
Respondent :- State of U.P.
 
Counsel for Appellant :- S.A.Shah,Sonu Kumar Tiwari
 
Counsel for Respondent :- A.G.A.
 

 
Hon'ble Subhash Chandra Sharma,J.
 

Heard learned counsel for the appellant as well as learned A.G.A. for the State and perused the material on record.

This appeal has been preferred against the judgment and order dated 14.06.1983 by which the appellant was sentenced for a period of two years Rigorous Imprisonment under Section 324 I.P.C. and 18 months under Section 452 I.P.C. Both the sentences were to run concurrently.

It is submitted by learned counsel for the appellant that he without arguing on the merit of the case and challenging the conviction, limits himself to the extent of sentence only. It is submitted that in this case the appellant is aged about 72 years at present and 41 years have elapsed from the date of sentence. Appellant is an innocent person and has committed no any other offence. Now by sending him to jail in pursuance to the sentence, will not serve any purpose of justice, therefore, the sentence be modified and converted into compensation.

Learned A.G.A. opposed the prayer as aforesaid.

Considering the facts and circumstances of the case, submissions made by learned counsel for the appellant as well as learned A.G.A., perusal of record, it appears that in this case incident took place in the year 1981 in which simple injuries were caused on the person of the inured regarding which the learned trial court convicted and sentenced the appellant for a period of two years imprisonment as aforesaid and judgment and order of conviction was passed on 14.06.1983. Since then 41 years have elapsed and the appellant has also become to the age of 72 years old. Now by sending the appellant to jail in pursuance to the sentence will serve no purpose but it will be in the interest of justice to modify the sentence and to award compensation on its place, therefore, in the aforesaid circumstances it will be adequate to convert the sentence into compensation.

As a result, the sentence awarded by the learned trial court is hereby modified and converted into compensation to the extent of Rs. 10,000/- to be paid by the appellant within a period of 30 days and this amount of compensation will be paid either to the injured or to his survivors.

Accordingly, this appeal is partly allowed to the aforesaid extent.

Lower court record alongwith copy of judgment be returned for compliance.

Order Date :- 1.5.2024

Suraj Srivastav