An offence under Section 457, IPC, which is not compoundable under Section 320, cannot be compounded. However, the fact of compromise can be a relevant factor for the purpose of considering the quantum of sentence to be passed in a given case.

I.A. Ansari, J.

1. Two warring parties, with the intervention of the wiser men in their society, have decided to burry their enemical relation and live as good-friends and peace-loving co-villagers. This is the backdrop of the application, which has given rise to the Criminal Misc. Case No. 410/2007.

2. Let me, first, set out the facts, which have given rise to this application. One Ayub Ali lodged a First Information Report with the police alleging, inter alia, that on 4.9.1997, at about 1:00 am, accused Rofique Uddin, Nejir Uddin, Mujib Uddin and Atabur Rahman, armed with various weapons, came to the house of the informant, knocked at the door of the house and as soon as the door was opened by the informant, the accused entered into the house, assaulted the informant by means of a dragger, caught hold of his daughter, HK, and dragged her out of the house with a view to forcibly committing sexual intercourse with her, but they, eventually, failed and fled away from the scene. This FIR led to the registration of a case under Sections 457/376/511/324/34 of the Indian Penal Code ('the IPC'). On completion of investigation, police laid charge sheet accordingly.

3. During trial, all the accused pleaded not guilty to the charges framed against them under Sections457 and 324 read with Section 34, IPC and Section 376 read with Section 511, IPC. In support of their case, prosecution examined altogether four witnesses including the medical officer and the investigating officer. Having found all the accused, who had so faced the trial, guilty of offences under Sections 457 and 324 read with Section 34, IPC, the learned Sessions Judge, Hailakandi, convicted the accused aforementioned accordingly and sentenced each of them to suffer, for their conviction under Section 457 read with Section 34, IPC, to undergo rigorous imprisonment for two years and pay fine of Rs. 500 and, in default of payment of fine, suffer rigorous imprisonment for a further period of one month and also to undergo, for their conviction under Section 324 read with Section34, IPC, one year of rigorous imprisonment with payment of fine of Rs. 500 each and, in default of payment of fine, undergo rigorous imprisonment for a further period of one month, both the sentences having been directed to run concurrently. Aggrieved by the judgment and order, dated 29.9.2001, passed, in Sessions Case No. 53/2000, by the learned Sessions Judge, Hailakandi, whereby the accused-Appellants stood convicted and sentenced, as indicated hereinbefore, all of them preferred an appeal, which gave rise to Criminal Appeal No. 344/2001.

4. While the appeal was pending, an application was made seeking composition of the offences of which the accused-Appellants stand convicted, the application having been made jointly by the accused-Appellants, on the one hand, and the informant, Ayub Ali, and his daughter, RK, on the other.

5. I have heard Mr. P.K. Roy Choudhury, learned Counsel for the accused-Appellants, and Mr. K. Munir, learned Additional Public Prosecutor, Assam.

6. While considering the present application seeking composition of offences under Sections 457 and324 read with Section 34, IPC, what needs to be pointed out is that according to the provisions of Section 320 of the Code of Criminal Procedure ('the Code'), an offence under Section 324, IPC is compoundable by the person to whom hurt is caused, but an offence, under Section 457, IPC, is not compoundable. The question, therefore, is this: Whether the parties to the present appeal can be allowed to compound an offence, which is, otherwise, not compoundable under Section 320 of the Code?

7. While considering the above aspect of law, what needs to be noted is that Section 320 of the Code provides a complete scheme as regards compounding of offences. Section 320(1) provides that the offences mentioned in the table, provided thereunder, can be. compounded by the persons named in column No. 3 of the said table. Section 320(2) provides that t