Compromise between parties in non-compoundable offences may be considered as a mitigating factor for sentence reduction.

This revision under Section 397 read with Section 401 of the Code of Criminal Procedure has been filed assailing the appeal judgment dated 27.06.2024 passed in Criminal Appeal No.177/2022 (Pankaj Hada Vs. State of M.P.) by the First Additional Sessions Judge, Tehsil Ashta, District Sehore, whereby applicant's appeal challenging the judgment of conviction for commission of offence under Sections 457 and 380 of IPC and sentence to undergo RI for 03 years - 03 years and fine of Rs.1000/- - Rs.1000/- respectively with default stipulation passed on 20.07.2022 by the learned Judicial Magistrate First Class, Ashta, District Sehore in Criminal Case No. 610/2019, has been affirmed and the appeal filed by the applicant has been dismissed.

NEUTRAL CITATION NO. 2024:MPHC-JBP:59245

2. As per the prosecution story, on 11.07.2019 at around 11.30 p.m. Ghanshyam S/o complainant Motilal parked his bullet motorcycle bearing registration No.MP37MT0239 in his house. He had locked the same. At around 2.00 a.m., when Motilal got up, he found lock of the channel gate in broken condition and motorcycle missing from the house as someone had stolen the same. When despite search, motorcycle could not be recovered or traced, next day on 12.07.2019 at around 12.30 p.m. FIR was lodged against unknown person in Police Station Ashta. In the course of investigation, said motorcycle on the basis of disclosure memo given by accused under Section 27 of the Evidence Act was recovered from his house. After investigation, 2 CRR-3058-2024 charge sheet was filed.

3 . Learned JMFC framed charges for commission of offence under Sections 457 and 380 of IPC . Accused refuted the charge and claimed to be tried. Trial Court recorded the evidence of prosecution witnesses. Accused did not examine any witness in his defence. After hearing the parties, learned JMFC convicted the accused for commission of offence under Sections 457 and 380 of IPC and sentenced him as mentioned herein above in paragraph 1. The appeal preferred against the said judgment of conviction and order of sentence was dismissed by learned First Additional Sessions Judge, Tehsil Ashta, District Sehore. Hence, this revision.

4. At the very outset, learned counsel for the applicant has submitted that applicant does not want to challenge his conviction for commission of aforesaid offences. It is submitted that applicant has undergone more than six months' jail sentence and parties have entered into compromise. Though the NEUTRAL CITATION NO. 2024:MPHC-JBP:59245 offence under Section 457 and 380 of IPC are not compoundable, but it is prayed that in the light of compromise between the complainant and accused, jail sentence awarded by the court of learned JMFC and affirmed by the appellate court may be reduced to the period already undergone by the 3 CRR-3058-2024 applicant/accused by enhancing the fine amount.

5 . On the other hand, learned counsel for the State has supported the findings recorded by the Trial Court as well as appellate court and has submitted that applicant has been rightly convicted for the aforesaid offences, but has fairly admitted that the applicant has undergone more than six months jail sentence and parties have entered into amicable settlement.

6. I have heard learned counsel for the parties and perused the record.

7. On appreciation of the evidence of Motilal (PW-1) and his son Ghanshyam (PW-2) and grandson Dharmendra (PW-3), it is revealed that in the intervening night of 11-12/7/2019 someone had stolen his motorcycle bearing registration No.MP37MT0239 bullet which was parked inside his house by breaking the lock of the channel gate. From the evidence of Head Constable Ramnarain (PW-7) and Sub Inspector Ms Nikita Singh (PW-8), it is revealed that the aforesaid motorcycle was seized from the house of applicant Pankaj Hada on the basis of disclosure memo given by him. He could not furnish any satisfactory explanation as to how he came into possession of the stolen bullet motorcycle and how