IN THE SUPREME COURT OF INDIA

CRIMINAL  APPELLATE  JURISDICTION

CRIMINAL APPEAL NO.   983    OF 2018 (Arising from S.L.P. (Criminal) No. 5205 OF 2018)

SAJID   …   APPELLANT (S)   

VERSUS

THE STATE OF UTTARAKHAND AND ANOTHER  …   RESPONDENT (S)

J U D G M E N T

KURIAN, J.:

Leave granted.    2. The appellant is convicted under Sections 363 and 366 of the

Indian Penal  Code and sentenced to undergo imprisonment  for  a

period  of  seven  years   with  a  fine  of  Rs.1,000/-.  He  is  in  jail

undergoing the sentence. On the submission that the parties have

subsequently entered into a compromise, the de facto complainant

was added as a party.

3. The learned counsel  for  the  de facto complainant submits

that she has since been married to another person and they are

living happily and they have no complaint against the appellant. We

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NON-REPORTABLE

have heard the learned counsel for the State as well. It is submitted

that there is no other repercussion arising out of the instant case, in

the locality.  

4. Having heard the learned counsel for the appellant and the

learned counsel for the respondents, we are of the view that in the

given circumstances, for doing complete justice between the parties,

the  sentence  needs  to  be  modified.  However,  the  conviction  is

confirmed. The sentence is limited to the period already undergone.

The appellant shall pay a fine of Rs.2,00,000/- (Rupees Two Lakhs),

which  shall  be  paid  to  the  second  respondent  by  way  of

compensation within a period of one month from today.

5. The appeal is allowed as above. It is directed that in case the

appellant is not required in connection with any other case, he shall

be released forthwith.

……....……………………J.                   (KURIAN JOSEPH)

….....……………………J.               (SANJAY KISHAN KAUL)

NEW DELHI; AUGUST 10, 2018.  

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