1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO.426/2009 IN CRIMINAL APPEAL NO.230/2008 Gotu @ Kishor s/o Ramesh Rathi ...Versus... The State of Maharashtra through P.S.O., Jalgaon Jamod, P.S. Jalgaon Jamod, Distt. Buldana Applicant : Ku. Durga d/o Pratapsingh Pawar -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. -------------------------------------------------------------------------------------------------------------------------------------- [Shri A.V. Bhide, Adv. for appellant] CORAM:- A.B. CHAUDHARI, J. DATED :- 04.02.2009 This application has been taken out by the appellant with the consent of victim/complainant – Ku. Durga d/o Pratapsingh Pawar under Section 320 (2) of the Code of Criminal Procedure for permission to compound the offences under Sections 451 and 354 of the Indian Penal Code. In support of the identification of the victim/complainant, Advocate Shri Bhide has produced 2 before me pass-book of The Buldhana District Central Co-operative Bank Ltd., Buldhana, Branch, Sangrampur – 14 with photographs of the victim/complainant and her husband pasted thereon, so also a residence certificate along with photographs, issued by Sarpanch of village Bodkha (B). The appellant/accused was convicted for the offences punishable under Sections 451 and 354 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs.1,000/-. Both these offences are compoundable with the permission of the Court. Advocate Shri Bhide upon instructions from his client/appellant makes a statement that the appellant is ready to deposit an amount of Rs.25,000/- (Rupees Twenty Five Thousand Only) in addition to the fine already imposed, if not deposited, in the trial Court. The amount has been brought in cash by the appellant and is being tendered to the husband of the victim in the presence of the victim. In view of the fact that the complainant was married subsequently and is living peacefully with her husband, it would be inappropriate to refuse the request for compounding the offences. Fact remains that the complainant/victim is suitably compensated upon 3 tendering of the said amount of Rs.25,000/- (Rupees Twenty Five Thousand Only) today in the Court. Hence, I make the following order. Criminal Application is allowed. Offences under Sections 451 and 354 of the Indian Penal Code are compounded with the permission of this Court and consequently, the judgment of conviction for the offences punishable under Sections 451 and 354 of the Indian Penal Code is set aside and the appellant is acquitted of the said offences under Section 451 and 354 of the Indian Penal Code. Criminal Application No.426/2009 is disposed of. Criminal Appeal No.230/2008 is also disposed of. JUDGE ssw