Kidnapping Conviction Upheld, Sentence Reduced Due to Compromise - 2024-02-02

In a criminal appeal, the court upheld the conviction of three appellants for kidnapping under Section 365 of the Indian Penal Code (IPC), but reduced their sentences due to a compromise reached between the appellants and the complainant.

The prosecution alleged that the appellants kidnapped the complainant on May 13, 2015, leading to a missing person report and subsequent investigation. The appellants pleaded not guilty, but the trial court convicted them and sentenced them to six months in prison with a fine of Rs. 3000 each.

On appeal, the appellants argued that the compromise should be considered and their sentences reduced. The court acknowledged that the offense under Section 365 IPC is non-compoundable, but referred to precedents where the Apex Court allowed compounding in such cases based on the facts and circumstances.

The court noted that the compromise was reached at the appeal stage and considered the principles laid down by the Apex Court and this Court. It observed that the incident occurred in 2015 and that keeping the appellants in jail after the compromise would not serve any fruitful purpose.

Therefore, the court maintained the conviction under Section 365 IPC but reduced the jail sentence to the period already undergone. The appellants were directed to deposit an enhanced fine of Rs. 6000 each within two months, with a provision for actual jail sentence in case of default.

The court emphasized that the compromise can be considered for sentence reduction when the offense is personal in nature and does not affect society at large. It also highlighted the importance of restoring relations between the accused and the victim, if possible.