RAKESH THAPLIYAL
Naseem – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
RAKESH THAPLIYAL, J.
1. The instant criminal appeal has been preferred against the judgment and order dated 27.11.2021 passed in Special Sessions Trial No. 03 of 2018 State vs. Naseem and Others, whereby, the present appellants have been convicted for the offences punishable under Sections 323, 342, 367 of IPC. The sentence as awarded for the offence punishable under Sections 323 r/w Section 34 is six months simple imprisonment and for section 342 one year simple imprisonment and for section 367 five years simple imprisonment with a fine of Rs. 20,000/-.
2. Apart from this, the appellants have also been convicted under Section 3(1)(h) of S.C./S.T. Act for which each of the appellants have been awarded three years simple imprisonment with a fine of Rs. 20,000/-. In addition to this, the appellants have also been convicted for the offences punishable under Section 16 of Bonded Labour System (Abolition) Act, 1976, for which each of the appellants have been sentenced for three years simple imiprisonment with a fine of Rs. 2,000/-. This appeal was admitted on 10.12.2021 and subsequently all the appellants were enlarged on bail by the coordinate Bench of this Court by an order da
Gian Singh vs. State of Punjab 2012 SCC 303
Ram Awatar vs. State of Madhya Pradesh
State of Madhya Pradesh vs. Laxmi Narayan and Others (2019) 5 SCC 688
The court can quash non-compoundable offences post-conviction if the parties have reached a compromise, provided the offences are not heinous and do not contravene the objectives of special statutes.
The main legal point established in the judgment is that even if an offense is non-compoundable, the court may allow the appeal to be compounded in cases involving a personal nature of dispute, peace....
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.
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