Before :- Mohan M. Shantanagoudar and Krishna Murari, JJ.
Criminal Appeal No. 438 of 2011. D/d. 27.11.2019.
Ramphal - Appellant
Versus
State of Haryana & Anr. - Respondents
With
Criminal Appeal No. 439 of 2011.
Sanjay - Appellant
Versus
State of Haryana - Respondent
For the Appellant :- Mr. Jayant Bhushan, Sr. Advocate with Mr. Mohit Chaudhary, Mr. Kunal Sachdeva, Ms. Puja Sharma, Mr. Anup Kumar Sharma, Mr. Balwinder Singh Suri, Ms. Garima Sharma, Ms. Amartya Bhushan and Ms. Minakshi Vij, Advocates.
For the Respondents :- Mr. Devender Kumar Saini, AAG with Dr. Monika Gusain, Advocate.
ORDER
Notice was issued in these appeals on the limited question of sentence and to verify as to whether the appellants are in a position to pay compensation.
2. It is brought to our notice that during the pendency of the appeals, both the appellants have paid L 1.5 lakhs each in favour of the pro-secutrix and she has accepted the same willingly for getting the matter compromised. However, it is imperative to emphasise that we do not accept such compromise in matters relating to the offence of rape and similar cases of sexual assault. Hence the aforesaid compromise is of no relevance in deciding this matter.
3. On merits, we do not find any ground to interfere inasmuch as the evidence of the pro-secutrix is coupled with the medical evidence which clearly proves that the offence of rape has been committed. Therefore, the Trial Court and the High Court have rightly convicted the accused/appellants.
4. However, having heard Mr. Jayant Bhushan, learned senior counsel for the appellants/accused appearing through the Supreme Court Legal Services Committee and upon our own independent examination of the case record, we propose to reduce the sentence of imprisonment. Accordingly, the following order is made:
5. The appellants are sentenced to undergo actual imprisonment for six years and to pay an additional fine of L 1.5 lakhs each. In default of payment of fine, the appellants shall undergo further actual imprisonment for two years. We further direct that the entire amount so payable i.e. L 3 lakhs shall be disbursed in favour of the victim as compensation under Section 357 of the Criminal Procedure Code. This compensation is recoverable notwithstanding the payment of L 1.5 lakhs each already made by the appellants to the victim.
The appeals are disposed of accordingly.
