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PREM NARAYAN SINGH
Prakash S/o Baluram Bawri – Appellant
Versus
State Of Madhya Pradesh Station House Officer Thru. P. S. Jawad, Distt. Neemuch (Madhya Pradesh) – Respondent
JUDGEMENT :
This criminal appeal is preferred under section 374 of Cr.P.C. by the appellant being aggrieved by the judgment dated 08.01.2019, passed by ASJ, Jawad, District Neemuch (M.P.), in S.T. No.73/20154, whereby each appellant has been convicted for the offence punishable under Section 365 of IPC and sentenced to undergo 6-6 Months R.I. with fine of Rs.3000/- each with default stipulations.
2. As per the case of prosecution, on 13.05.2015 at about 11PM in the night, the appellants have kidnapped the complainant. Hence, the missing person report was lodged and thereafter, during the investigation, it is found that the appellants have kidnapped the complainant. Hence, offence was registered against the appellants.
3. During investigation, spot map was prepared, seizure memos were prepared and statements of the witnesses were recorded. After completion of investigation, charge-sheet was filed under Section , 365/34, 342, 323 and 506 of IPC.
4. The appellants abjured their guilt and they took a plea that they are innocent.
5. After analyzing the prosecution evidence and considering the rival submissions, the Trial Court has acquitted the appellants under Section 342, 323 and 506 of th
The court may reduce the sentence based on a compromise between the parties, even if the offence is non-compoundable, to meet the ends of justice.
The compromise between the parties can be considered for the reduction of sentence, even in non-compoundable cases, based on the principles established in previous judgments.
The court established that a compromise between parties can influence sentencing, even in cases involving serious offences, provided it is considered alongside other mitigating factors.
The court held that in exceptional cases, compromises can influence sentencing even for non-compoundable offenses, focusing on justice and social harmony.
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