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Showing contexts for: 417 ipc in Smt. N.Nagamma W/O P.Srinivas Kumar, ... vs 1.The Registrar (Admn.), High Court Of ... on 25 October, 2018Matching Fragments
5. It is the case of the petitioner that even after transfer, the officer continued to spread rumours about the petitioner, which led to an aborted attempt by the petitioner to commit suicide.
6. Though no proceedings were initiated against the officer, a criminal complaint was registered in Crime No.96/ 1996 against the Judicial Officer on 29-6-1996, for offences punishable under Sections 376 and 417 IPC.
7. The case was made over to the Mahila Court, Visakhapatnam, in the year 1999 and after the examination of the witnesses, it was transferred to the Court of the III Additional Sessions Judge, Visakhapatnam on 14-12-2001 and renumbered as Sessions Case No.228 of 2001.
8. After trial, the Sessions Court delivered a judgment dated 23-8-2002 holding the Judicial Officer guilty of the offences punishable under Sections 376 and 417 IPC and he was sentenced to simple imprisonment for 3 years and to pay a fine of Rs.1,000/- for the offence under Section 376 IPC and sentenced to undergo simple imprisonment for one year and to pay a fine of Rs.1,000/- for the offence under Section 417 IPC. Both sentences were directed to run concurrently.
9. On the basis of the judgment of the Criminal Court, the High Court recommended the dismissal of the Judicial Officer from service. Accepting the recommendations of the High Court, the Government issued orders in G.O.Ms.No.41, Law Department, dated 22-3-2003, dismissing the officer from service.
10. However, the Judicial Officer filed a criminal appeal in Criminal Appeal No.971 of 2002. During the pendency of the appeal, an interesting turn of events took place. It appears that the petitioner was convinced (by whom is irrelevant) to compound the offence punishable under Section 417 IPC. She was made to move an application in Crl.M.P.No.513 of 2008 in the pending Criminal Appeal No.979 of 2002 seeking to compound the offence punishable under Section 417 IPC. The application was allowed, the offence under Section 417 IPC was compounded and the Judicial Officer was acquitted of the offence.
11. Fortunately for the petitioner and unfortunately for the Judicial Officer, the offence under Section 376 IPC is not compoundable. Had it been compoundable, the issue would have been buried fathom deep.
12. After the offence under Section 417 IPC was compounded, it became easy for the judicial officer to convince the court to go into the question of consent on the part of the petitioner with regard to the charge of rape and to get acquitted by a judgment dated 14-3-2008. While acquitting the judicial officer, this court recorded certain curious findings touching upon the conduct of the writ petitioner herein. The findings are as follows: