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Rajinder Singh Vs. State (Delhi Administration) - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtSupreme Court of India
Decided On
Case NumberCivil Appeal No. 373 of 1980
Judge
Reported inAIR1980SC1200; 1980Supp(1)SCC337
ActsIndian Penal Code (IPC) - Sections 325 and 452; Code of Criminal Procedure (CrPC) - Sections 320(8)
AppellantRajinder Singh
RespondentState (Delhi Administration)
Excerpt:
.....-rejection of evidence on ground that injury was typical bruise and that doctor has failed to note its colour and had opined that injury was fresh held, it is.....order1. as stated by the counsel for the petitioner and the aggrieved party the parties have compromised this case. the conviction of the petitioner is under sections 325 and 452, i.p.c. the former offence can be compounded with the permission of the court. we grant permission to the parties to compound the said offence. the effect of that is the acquittal of the petitioner in view of the provision of law contained in section 320(8) of cr.p.c. for the offence under section 325.2. the other offence under section 452 is not compoundable. under the circumstances, while maintaining conviction of the petitioner under the said provision of law we reduce the sentence to the period already undergone. he may be released forthwith.
Judgment:
ORDER

1. As stated by the counsel for the petitioner and the aggrieved party the parties have compromised this case. The conviction of the petitioner is under Sections 325 and 452, I.P.C. The former offence can be compounded with the permission of the court. We grant permission to the parties to compound the said offence. The effect of that is the acquittal of the petitioner in view of the provision of law contained in Section 320(8) of Cr.P.C. for the offence under Section 325.

2. The other offence under Section 452 is not compoundable. Under the circumstances, while maintaining conviction of the petitioner under the said provision of law we reduce the sentence to the period already undergone. He may be released forthwith.


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