The court can consider the effect of compounding on sentencing, even for non-compoundable offences.

ORDER :

B.N. Agrawal, J.

Heard learned counsel for the parties.

2. Leave granted.

3. The appellant was convicted under Section 354 of the Penal Code (for short "Indian Penal Code") and sentenced to undergo rigorous imprisonment for a period of one-and-a-half years. He was further convicted under Section 457 Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of six months. On appeal being preferred, the convictions and sentences were upheld, but it was directed that both the sentences shall run concurrently. The High Court dismissed the revision petition. Hence, these appeals by special leave.

4. Both the parties have filed petitions for compounding the offence. So far as the offence under Section 457 Indian Penal Code is concerned, the same is not compoundable, but it is well settled that even if the offence is not compoundable, while awarding sentence, the court can take into consideration the effect of compounding. It has been stated that the appellant has remained in custody for a period of about three months. In our view, it would be just and expedient to reduce the sentence of imprisonment awarded to the appellant to the period already undergone.

5. Accordingly, the appeals are allowed in part and while upholding the convictions, the sentences of imprisonment awarded against the appellant are reduced to the period already undergone. The appellant, who is on bail, is discharged from the liability of bail bonds.

Appeals partly allowed.