Supreme Court: A Division Bench of Sanjay Kishan Kaul and Hrishikesh Roy, JJ. agreed to reduce the sentence of the appellant−husband convicted for offence of cruelty to woman punishable under Section 498-A IPC, if he pays Rs 3 lakh as compensation to his wife and children. The Supreme Court observed that:
“The object of any criminal jurisprudence is reformative in character and to take care of the victim. It is towards this objective that Section 357 CrPC is enacted in the statute. The objective of which is to apply whole or any part of the fine recovered to be applied on payment to any person of compensation for any loss or injury caused by the offence. In the present case, it is one of voluntarily offering the amount albeit to seek a reduction of sentence.”
Complainant was the second wife of the appellant. Two children were born to them from the wedlock. The complainant alleged that on instigation of the first wife, the appellant started mental and physical torture and made dowry demands. Consequently, the complainant had to go back to her parent’s house. A complaint was registered and the appellant was convicted by the trial court for the offence punishable under Section 498-A IPC. He was sentenced to three years rigorous imprisonment. Appeal filed by the appellant was dismissed by the first appellate court. Criminal revision preferred by the appellant before the High Court met the same fate. Aggrieved, the appellant approached the Supreme Court.
The appellant prayed for extension of benefit of Probation of Offenders Act, 1958 which was declined by the Supreme Court. However, the Court expressed that it was not averse to consideration of reduction of sentence subject to the condition that the petitioner gave adequate compensation to the complainant for herself and the children apart from whatever maintenance was being paid under Section 125 CrPC.
The appellant submitted that he was willing to pay a compensation of Rs 3 lakh to the complainant and the children. The complainant was agreeable to receive the compensation of Rs 3 lakh. Further, on compensation being paid, she had no objection if the sentence of the appellant is reduced and/or if he is granted the benefit of the Probation of Offenders Act. In such view of the matter, the Court said that:
“[K]eeping in mind the nature of the offence, we had declined the benefit of the Probation of Offenders Act to the appellant. However, if the petitioner/appellant is showing remorse and is willing to make arrangements for [the complainant] and his two children born out of the wedlock, we would not like to come in the way of such an arrangement, which should be beneficial to [the complainant] and her children.”
Noting that the appellant had undergone about seven months of imprisonment, the Court was inclined to reduce the sentence to the period already undergone in case he pays a sum of Rs 3 lakh to the complaint for her benefit and the children’s benefit. The Court however made it clear that if the amount is not paid, the appellant will have to undergo the remaining part of the three years’ sentence. [Samual Sk. v. State of Jharkhand, 2021 SCC OnLine SC 645, decided on 31-8-2021]