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PUSHPENDRA SINGH BHATI
Aman – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
Pushpendra Singh Bhati, J. - This criminal appeal under Section 374 Cr.p.c. have been preferred claiming the following reliefs:-
"It is, therefore, most humbly respectfully submitted that this criminal appeal filed by the humble appellant may very kindly be allowed and Judgment and sentence dated 10.06.2022, passed by learned special court Pocso act cases Hanumangarh, in session case No. 77/18 against the appellant, may very kindly be quashed and set aside".
2. Brief facts of the case, as placed before this Court by the learned counsel for the appellant, are that on 08.06.2015, father of the girl submitted written report before SHO of Police Station Mahila Thana, Hanumangarh against the present appellant, alleging therein that the appellant, resident of Chishitya village, for last few days prior to lodging of the complaint, started stalking his minor daughter, and also tried to molest and harass her, through mobile phone, internet etc., whereupon the father (complainant), while taking a precautionary measure, sent his daughter to his sister's house at Fazilka District, Punjab. Despite that, the appellant continuously blackmailed and tried to befriend his minor daughter. The c
The main legal point established in the judgment is the application of the compromise between the parties and the relevant legal precedents to quash the conviction and sentence of the appellant.
The court can allow the compounding of an offense, even if it is non-compoundable under current law, based on the voluntary and wilful compromise and the interest of peace between the parties.
Judgment confirms conviction for Section 323 IPC while reducing the sentence based on familial relationship and previously served time.
High Court can quash post-conviction for non-heinous private offences like grievous hurt upon family compromise using inherent powers to ensure harmony and justice.
The central legal point established in the judgment is the requirement for substantial evidence to prove the case against the accused, and the court's discretion to consider the overall circumstances....
The central legal point established in the judgment is the requirement for the prosecution to prove the case beyond reasonable doubt, the importance of witness credibility, and the benefit of inconsi....
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