Crl.A. 168/2005 BEFORE HON’BLE MR JUSTICE H, BARUAH Heard learned counsel for the parties. The learned Sessions Judge, Morigaon, by judgment and order dated 10-5-2005 conv icted Md. Fazlul Haque, the appellant herein, Md. Kabir and Md. Nazrul Haque as under: The appellant Fazlul Haque was convicted under Section 342 IPC and sentenced to pay fine of Rs. 1000/- in default two months R. I , under the offence under Sec tion 376 IPC he was convicted and sentenced to suffer R.I for 8 years and R.I fo r one year under the offence punishable under Section 506 IPC. In the order it i s indicated that the sentences so awarded would run consecutively. In addition t o the aforesaid sentences, the learned Sessions Judge also directed the appellan t to compensate the victim to be tune of Rs. 50,000/-(Rupees fifty thousand). The primary grievance of the appellant is in respect of awarding compensation of Rs. 50,000/- to the victim. In this connection it is submitted by Mr. B.M. Chou dhury, learned counsel for the appellant that the appellant being a poor man wou ld be unable to compensate the victim with the amount as indicated above. There is however, no grievance in respect of the sentences awarded by the trial judge under the aforesaid sections of the law. From the order it is noticed that thoug h direction was made to the appellant to provide compensation to the tune of Rs. 50,000/- to the victim lady, it does not reflect any punishment for non-payment of such amount to the victim. On account of non payment of the amount as indica ted above since no default clause has been added, the Jail Authority would be no t in a position to restrain the appellant in jail for non payment of above compe nsation by the appellant. The compensation so awarded to the victim lady only if not paid, the victim would be at liberty to approach the appropriate forum for realisation of aforesaid compensation. It is submitted by Mr. B. M. Choudhury th at the appellant being a poor man would be unable to compensate the victim in th e scale as ordered by the learned Sessions Judge and accordingly, Mr. Choudhury prays for some remission in respect of the amount to facilitate the appellant he rein to pay compensation to the victim. Since the appellant is not aggrieved by the sentences as imposed upon him in res pect of the offence under Sections 342/376/506 IPC, he being aggrieved only of t he compensation part, this court taking note of the submissions advanced by Mr. B.M. Choudhury as well as Mr. B.B. Gogoi, learned Addl. P.P is inclined to provi de some remission to the appellant in respect of the compensation awarded for en ds of justice. Taking note of all the matters in its entirety, the compensation is reduced to R s. 15,000/-(Rupees fifteen thousands). This Crl. Appeal is partly allowed and stands disposed of.