Court can modify sentences and impose compensation over prison terms in light of circumstances.

ORDER

The revision petitioner is the accused in CC No.501 of 1999 on the files of the Judicial First Class Magistrate Court-I, Kollam, a case relating to the commission of offences under Section s 447 , 323 and 354 IPC . He was convicted and sentenced by the learned Magistrate in connection with the commission of the aforesaid offences. For the offence under Section 447 , the petitioner was imposed a fine of Rs.500/- and directed to undergo Simple Imprisonment for one month. A sentence of Simple Imprisonment for six months and a fine of Rs.1000/- was awarded as penalty for the commission of offence under Section 323 . For the offence under Section 354 , the learned Magistrate sentenced the petitioner to Simple Imprisonment for six months and fine Rs.2000/-. Appropriate default clauses were also incorporated for non-payment of fine. In the appeal preferred by the petitioner, the learned Additional Sessions Judge II, Kollam, set aside the conviction and sentence awarded by the Trial Court for the offence under Section 354 , while retaining the other part of the conviction and sentence awarded by the Trial Court. Aggrieved by the aforesaid findings of the Trial Court and the Appellate Court, the petitioner is here before this Court with this revision.

2. Heard the learned counsel for the petitioner and the learned Public Prosecutor representing the State of Kerala.

3. The Trial Court placed heavy reliance upon the testimonies of the victim and her mother as PW1 and PW2 for arriving at a conclusion that the prosecution succeeded in establishing the offence alleged against the petitioner. The Appellate Court also relied on the aforesaid evidence of the above witnesses, but held that the offence under Section 354 IPC is not attracted. The finding of the Appellate Court in the above regard cannot be faulted since the evidence of PW1 and PW2 were not sufficient to show that the petitioner committed the aforesaid acts with intention to outrage the modesty of the victim.

4. Having regard to the reasoning adopted by the Appellate Court in the impugned judgment as well as the facts and circumstances revealed by the case records, I am of the view that there is no scope for interference with the Appellate judgment rendered in this case insofar as it relates to the conviction of the petitioner for the offences under Sections 447 and 323 IPC . However, having regard to the facts and circumstances of the case as well as the long lapse of about 27 years from the date of commission of the Crime, I deem it appropriate to avoid the prison term of penalty, if the petitioner is ready to make payment of a modest amount as compensation to the victim.

In the result, the revision stands allowed in part as follows: 1) The judgment rendered by the Appellate Court, upholding the conviction of the petitioner for the commission of offences under Sections 447 and 323 IPC , is hereby confirmed.

2) In supersession of the sentence awarded under Section 323 IPC by the Appellate Court, the petitioner is sentenced to imprisonment till the rising of the Court with a further direction to pay compensation of Rs.5000/- (Rupees Five Thousand only) to PW1 under Section 357 (3) Cr.P.C.

3) The sentence of imprisonment awarded for the offence under Section 447 IPC is set aside, while retaining the fine imposed by the courts below as such.

4) In default of payment of compensation as directed above, the petitioner will undergo Simple Imprisonment for a term of three months.

5) Petitioner shall surrender before the Trial Court within a period of one month from today to undergo the modified sentence imposed by this order.

Registry shall transmit the case records forthwith to the Trial Court, along with a copy of this order.

Sd/-