Sajid vs The State Of Uttarakhand

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 983 OF 2018 (Arising from S.L.P. (Criminal) No. 5205 OF 2018)

SAJID … APPELLANT (S)

VERSUS

THE STATE OF UTTARAKHAND AND ANOTHER … RESPONDENT (S)

JUDGMENT

KURIAN, J.:

Leave granted.

2. The appellant is convicted under Sections 363 and 366 of the

Indian Penal Code and sentenced to undergo imprisonment for a

period of seven years with a fine of Rs.1,000/-. He is in jail

undergoing the sentence. On the submission that the parties have

subsequently entered into a compromise, the de facto complainant

was added as a party.

3. The learned counsel for the de facto complainant submits Signature Not Verified

that she has since been married to another person and they are Digitally signed by JAYANT KUMAR ARORA Date: 2018.08.11 12:58:28 IST Reason:

living happily and they have no complaint against the appellant. We

1 have heard the learned counsel for the State as well. It is submitted

that there is no other repercussion arising out of the instant case, in

the locality.

4. Having heard the learned counsel for the appellant and the

learned counsel for the respondents, we are of the view that in the

given circumstances, for doing complete justice between the parties,

the sentence needs to be modified. However, the conviction is

confirmed. The sentence is limited to the period already undergone.

The appellant shall pay a fine of Rs.2,00,000/- (Rupees Two Lakhs),

which shall be paid to the second respondent by way of

compensation within a period of one month from today.

5. The appeal is allowed as above. It is directed that in case the

appellant is not required in connection with any other case, he shall

be released forthwith.

……....……………………J. (KURIAN JOSEPH)

….....……………………J. (SANJAY KISHAN KAUL)

NEW DELHI;

AUGUST 10, 2018.

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