The Supreme Court while dismissing petition of a convict seeking exemption from surrendering citing 'settlement' with the other party has held that it doesn't stand in law.
The Division Bench comprising of Justice Ajay Rastogi and Justice Abhay S. Oka observed that no credence can be given to such compromise which is being entered into after the conviction has been confirmed by the High Court under the judgment impugned.
The accused-petitioner was convicted under Section 354 IPC and his conviction was upheld by the High Court. In SLP before the Supreme Court, he had submitted that a compromise has been entered into between him and the complainant/victim and pleaded for exemption from surrendering on that basis.
Noting that the petitioner after full trial was convicted under Section 354 of the Indian Penal Code and his conviction was upheld by the High Court has sought the said relief, stated:
"At this stage, the petitioner has now come with a case that a compromise has been entered into between the petitioner and the complainant/victim. We find no reason to grant any credence to such compromise which is being entered into after the conviction has been confirmed by the High Court under the judgment impugned."
The trial court had found him guilty of abusing a child of age 10 for offence punishable under section 354 IPC. He was thus convicted and sentenced him to RI for one year with a fine of Rs.5,000/- with default stipulation. After getting his appeal dismissed by Sessions Court, he approached Tripura High Court.
It was submitted by him that after the incident occurred, the parties to the case amicably settled the matter since they were neighbours and they wanted to live in a harmonious relationship. To buttress his submission, he placed reliance on a SC judgment in Gulab Das & Ors. Vs. State of M.P., 2011 Latest Caselaw 844 SC wherein the Apex Court had taken note of the fact that the accused were convicted and sentenced under Section 307 IPC which is a non-compoundable offence. But considering the settlement arrived at between the parties and totality of the facts and circumstances of that case, the Apex Court reduced the sentence awarded to the accused to the sentence already undergone by them.
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