Case Note & Summary
The case involved an appeal against a judgment of the Gauhati High Court which modified the sentence of the appellants for committing an offence under Section 313 of the Indian Penal Code (IPC). The appellants, Hasi Mohan Barman and Abinash Biswas, were convicted for causing a miscarriage without the consent of the complainant, Haleswari Barman, who had been in a relationship with Hasi Mohan Barman. The High Court reduced their sentence from five years rigorous imprisonment and a fine of Rs. 7,000 to three years rigorous imprisonment and a fine of Rs. 5,000. During the pendency of the case, Haleswari Barman married Hasi Mohan Barman and filed an affidavit seeking withdrawal of the case, stating that they were living peacefully as husband and wife. The Supreme Court noted that while the offence under Section 313 IPC is non-compoundable, the marriage and compromise could be considered for sentencing. The court referred to previous judgments where compromises had influenced sentencing decisions. Ultimately, the court maintained the conviction but reduced the sentence to the period already undergone, which was about ten months, and set aside the fine. The appellants were discharged from their bail bonds.
Headnote
A) Criminal Law - Compounding of Offences - Non-Compoundable Offence - Section 313 IPC - The court held that the offence under Section 313 IPC is non-compoundable as per Section 320 of the Code of Criminal Procedure, thus the consent of the complainant cannot lead to acquittal. The court maintained the conviction but considered the marriage of the complainant and the accused for reducing the sentence (Paras 8-12).
Issue of Consideration
Whether the conviction under Section 313 IPC can be set aside based on the compromise between the complainant and the accused after marriage.
Final Decision
The Supreme Court maintained the conviction under Section 313 IPC but reduced the sentence to the period already undergone, which was about ten months, and set aside the fine imposed on the appellants. The appellants were discharged from their bail bonds.
Law Points
- Compounding of offences
- Consent of complainant
- Reduction of sentence
- Non-compoundable offences
- Judicial discretion in sentencing
