Karnataka High Court
Asfif S/O Abdul Nabi vs The State Of Karnataka on 10 March, 2020
Author: K Natarajan
Bench: K. Natarajan
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 10TH DAY OF MARCH, 2020
BEFORE
THE HON'BLE MR. JUSTICE K. NATARAJAN
CRIMINAL APPEAL No.3577/2012
BETWEEN:
ASIF S/O ABDUL SABI
AGE: 25 YEARS OCC: CENTERING WORK
R/O: BEHIND I.B. RAM NAGAR,
RAICHUR. ... APPELLANT
(BY SRI ISHWARAJ S. CHOWDAPUR, ADVOCATE)
AND:
THE STATE OF KARNATAKA
(THROUGH WEST POLICE STATION, RAICHUR)
REPRESENTED BY ADDITIONAL STATE
PUBLIC PROSECUTOR, CIRCUIT BENCH
AT: GULBARGA.
... RESPONDENT
(BY SRI MALLIKARJUN SAHUKAR, HCGP)
THIS CRIMINAL APPEAL IS FILED UNDER
SECTION 374 (2) OF CRIMINAL PROCEDURE CODE
PRAYING TO SET-ASIDE THE ORDER OF CONVICTION
AND SENTENCE INCLUDING THE FINE AND
COMPENSATION, ORDER DATED 07.03.2012 PASSED
IN S.C.NO.113/2010 BY FAST TRACK COURT-I
RAICHUR AND ACQUIT THE APPELLANT FOR THE
CHARGE UNDER SECTION 417 OF IPC.
THIS APPEAL COMING ON FOR HEARING THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
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JUDGMENT
The appellant-accused along with his advocate, the learned High Court Government Pleader for respondent and complainant along with her advocate are present before the Court.
02. The appellant and complainant have filed an application under Section 320 (1) of Cr.P.C. for compounding the offence punishable under Section 417 of IPC.
03. This appeal is filed by the appellant-accused assailing the judgment of conviction and sentence passed by the Fast Track Court-I, Raichur in S.C.No.113/2010 dated 07.03.2012 for accused found guilty and convicted for the offence punishable under Section 417 of IPC. However, the Trial Court acquitted accused for the offence punishable under Section 376 of IPC. The State also not preferred any appeal as against acquittal of accused for the offence punishable under Section 376 of IPC.
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04. Accused challenged the conviction and sentence of order passed by the Trial Court for the offence punishable under Section 417 of IPC.
05. The alleged offence under Section 417 of IPC is compoundable as per Section 320 (1) of Cr.P.C. However, accused found guilty and convicted. The learned counsel for the appellant-accused has filed application under Section 320 (5) read with Section 482 of Cr.P.C. for seeking the leave of this Court to compound the above said offence.
06. Looking to the facts and circumstances of the case it shows that conviction was only in respect of offence punishable under Section 417 of IPC. The State has not filed any appeal as against acquittal order for the offence punishable under Section 376 of IPC. The complainant submits that she has already married and having children.
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07. Looking to the facts of the case, both the parties are required to permit to compound the offence as required under Section 320 (5) read with Section 482 of Cr.P.C.
08. Accordingly, I.A.Nos.1 and 2 of 2020 are allowed. Both the parties are permitted to compound the offence punishable under Section 417 of IPC. Accordingly, I proceed to pass the following:
ORDER The appeal is disposed off accordingly in view of compromise between the parties.
The judgment of conviction and sentence passed by the Fast Track Court-I, Raichur in S.C.No.113/2010 dated 07.03.2012 for the offence punishable under Section 417 of IPC, is hereby set-aside. 5
The appellant is acquitted for the offence under Section 417 of IPC and thereby bail bonds stands cancelled.
However, fine amount if any deposited by the appellant, the office is directed to refund the same with due identification.
Sd/-
JUDGE KJJ