Important Point
Compromise is irrelevant in rape cases.

Judgment :-

P. Sathasivam,CJI.

1) Leave granted.

2) These appeals are directed against the final judgment and order dated 22.02.2011 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal Nos. 577 and 479 of 1998 whereby the High Court dismissed the appeals filed by the appellants herein while affirming the conviction and sentence dated 30/31.03.1998 awarded by the Additional Sessions Judge, Narnaul.

3) Brief facts:

(a) The case relates to the gang rape of the victim in village Nangal Durgu, Haryana. Purushottam-her grandfather, had a shop in the said village. Balu Ram (the appellant herein) also had a shop adjacent to the shop of Purushottam. On 28.12.1995, at about 5.00 a.m., when the prosecutrix (PW-3) came out of her house to attend the call of nature, Shimbhu (A-1) and Balu Ram (A-2)-the appellants herein, met her and asked her to accompany them to their shop. When she tried to resist their attempt, they threatened her by pointing out a knife with dire consequences. They took her inside the shop of Balu Ram (A-2) and raped her, turn by turn. They kept her confined in the same shop for two days, i.e., 28.12.1995 and 29.12.1995 and committed rape upon her repeatedly. It was only on 29.12.1995, she was allowed to leave the said place when the appellants-accused learnt that her family members were on her look out. When she reached her house, she narrated the entire incident to her family members.

(b) On 30.12.1995, the prosecutrix, accompanied by her father – Luxmi Narain Sharma (PW-4), went to the Police Station Nangal Chaudhary and lodged a First Information Report (FIR) being No. 195 dated 30.12.1995 under Sections 376(2)(g), 366, 342, 363, 506 read with Section 34 of the Indian Penal Code, 1860 (in short ‘IPC’).

(c) After investigation, the case was committed to the Court of the Additional Sessions Judge, Narnaul which was numbered as Sessions Case No. RT-9 of 28.08.1997/11.03.1996 and Sessions Trial No. 4 of 28.08.1997/25.03.1996. The Additional Sessions Judge, vide order dated 30/31.03.1998, convicted and sentenced the appellants to undergo rigorous imprisonment (RI) for ten years along with a fine of Rs. 5,000/- each, in default, to further undergo RI for six months for the offence punishable under Section 376(2)(g) read with Section 34 of IPC. The appellants were also sentenced to undergo RI for three years along with a fine of Rs. 1,000/- each, in default, to further undergo RI for two months for the offence punishable under Section 366 read with Section 34 of IPC. They were further sentenced to undergo RI for three months along with a fine of Rs. 200/- each, in default, to further undergo RI for fifteen days for the offence punishable under Section 342 read with Section 34 of IPC. They were also sentenced to undergo RI for one year along with a fine of Rs.500/- each, in default, to further undergo RI for one month for the offence under Section 506 read with Section 34 of IPC.

(d) Being aggrieved of the order of conviction and sentence, the appellants herein preferred Criminal Appeal Nos. 577 and 479 of 1998 before the High Court. The Division Bench of the High Court, by a common order dated 22.02.2011, dismissed the appeals and confirmed the order of conviction and sentence dated 30/31.03.1998 passed by the Additional Sessions Judge, Narnaul.

(e) Being aggrieved of the above, the appellants herein have preferred these appeals by way of special leave before this Court.

4) Heard Mr. Rishi Malhotra, learned counsel for the appellants-accused herein and Mr. Brijender Chahar, learned senior counsel for the respondent-State.

5) The only contention of Mr. Rishi Malhotra, learned counsel is with regard to the settlement arrived at between the appellants-accused and the victim dated 24.12.2011, in the form of an affidavit by the victim filed before this Court, based on which he prayed for the reduction of sentence to the period already undergone. On the other hand, Mr. Brijender Chahar, learned senior counsel f