Baldev Singh &
Ors. Vs State of Punjab
O R D E R
This appeal has been filed
against the impugned judgment dated 27.0.2005 IN CRLA No. 242 of 1999 of the High
Court of Punjab & Haryana at Chandigarh. The facts of the case have been set
out in the judgment of the High Court and hence we are not repeating the same
here, except where necessary. The prosecution case is that on 03.03.1997 at about
6.30 A.M. the prosecutrix was coming to her house after answering the call of
nature. The three appellants caught her and took her into a house and raped her
and beat her. After police investigation the appellants were charge sheeted, and
after a trial were convicted under Section 376 (2) (g) and Section 342 I.P.C. and
sentenced to 10 years R.I. and to pay a fine of Rs. 1,000/- each. The sentence was
upheld by the High Court, and hence this appeal. Admittedly the appellants have
already undergone, about 3 and = years imprisonment each.
The incident is 14 years
old. The appellants and the prosecutrix are married (not to each other). The
prosecutrix has also two children. An application and affidavit has been filed
before us stating that the parties want to finish the dispute, have entered into
a compromise on 01.09.2007, and that the accused may be acquitted and now there
is no misunderstanding between them. Section 376 is a non compoundable offence,
However, the fact that the incident is an old one, is a circumstance for
invoking the proviso to Section 376 (2) (g) and awarding a sentence less than
10 years, which is ordinarily the minimum sentence under that provision, as we
think that there are adequate and special reasons for doing so.
On the facts of the case,
considering that the incident happened in the year 1997 and that the parties have
themselves entered into a compromise, we uphold the conviction of the appellant
but we reduce the sentence to the period of sentence already undergone in view
of the proviso to Section 376 (2) (g) which for adequate and special reasons permits
imposition of a lesser sentence. However, we direct that each of the appellant will
pay a sum of Rupees 50,000/- by way of enhancement of fine to the victim
envisaged under Section 376 of the IPC itself. The fine shall be paid within
three months from today. In the event of failure to pay the enhanced amount of
fine it will be recovered as arrears of land revenue and will be given to the
victim the appeal is disposed off.
...................J.
[MARKANDEY KATJU]
...................J.
[GYAN SHDHA MISRA]
NEW
DELHI;
FEBRUARY
22, 2011
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