Md. Jamil Khan Vs. State of West Bengal and anr. - Court Judgment
|Court||Supreme Court of India|
|Judge|| R.S. Sarkaria and; v.R. Krishna Iyer, JJ.|
|Reported in||(1975)3SCC305; 1974(6)LC170(SC)|
|Acts||Indian Penal Code (IPC) - Sections 420; Code of Criminal Procedure (CrPC) - Sections 345(5)|
|Appellant||Md. Jamil Khan|
|Respondent||State of West Bengal and anr.|
- indian penal code, 1890.sections 376 & 366: [dr.arijit pasayat & dr.mukundakam sharma, jj] abduction and rape - accused persons assaulted brother of prosecutrix and others and abducted victim -accused no. 1 did bed work like husband -wife with prosecutrix for two nights accused no. 1 claimed to have married with her - however, there was no evidence of marriage as claimed held, conviction of accused no.1 under sections 147,323/149,342,458 and 366 of i.p.c., is not liable to be interfered with. further role played by accused no.2 was clearly established by evidence of injured witnesses. thus, he was liable to be convicted for offence punishable under sections 147,323/149,342,458 and 366 of i.p.c., . .....by one of the other. without going into the merits & accepting reasonableness of the compounding of the offence, we grant leave for the composition under section 345(5), criminal procedure code. the accused is consequently acquitted of the offence and the appeal is disposed of accordingly.
Krishna Iyer, J.
1. The appellant has been convicted for an offence under Section 420, Indian Penal Code, by this Presidency magistrate, third court, Calcutta. The appeal by the accused proved unavailing and he has come to this Court under Article 136.
2. It appears from the case that the accused and the complainant have been having business dealings before and both of them are traders in dry bones. It is represented before us that the case has been compounded by the parties and the affidavit of the complainant (second respondent) is also filed. We think that this is pre-eminently a case where mutual claims might have existed and probably there was some over-reaching by one of the other. Without going into the merits & accepting reasonableness of the compounding of the offence, we grant leave for the composition under Section 345(5), Criminal Procedure Code. The accused is consequently acquitted of the offence and the appeal is disposed of accordingly.