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“Respondent will face jail time if he does not deposit the said amount”: Supreme Court, Part 2.

In the proceedings dated 09.08.2021, learned counsel submitted on behalf of the appellant that he was willing to pay compensation of Rs.3.00 lakhs to respondent No.2 for herself and the children and requested for about six months’ time to raise the money. Since respondent No.2 did not put an appearance despite service, learned counsel for the State was asked to verify the stand of respondent No.2. Learned counsel submitted that the police authorities had verified from respondent No.2 and she was agreeable to receive the compensation of Rs.3.00 lakhs. Further, on compensation being paid, she had agreed that if the sentence of the appellant is reduced and/or if he is granted the benefit of the Probation of Offenders Act, she has no objection. This was recorded in the proceedings held on 23.08.2021 and the certificate has been placed on record.

The object of any criminal jurisprudence is reformative in character and to take care of the victim. It is towards this objective that Section 357 of the Code of Criminal Procedure is enacted in the statute. The objective of which is to apply whole or any part of the fine recovered to be applied on payment to any person of compensation for any loss or injury caused by the offence. In the present case, it is one of voluntarily offering the amount albeit to seek a reduction of sentence.

In view of the submission made by the petitioner on 09.08.2021 requesting for six months’ time to make arrangement to deposit/pay the amount, it was directed that the appellant shall deposit with the trial court the amount of Rs.3.00 lakh on or before 28.2.2022 and subject to the deposit, the period of sentence undergone shall be treated as the sentenced period. The above-mentioned amount of Rs.3.00 lakh shall be apart from the requirement of paying fine of Rs.10,000/- directed by the trial court. We, however, make it clear that if the amounts are not deposited, the appellant will have to undergo the remaining part of the sentence of 3 years.

On the deposit of the amount, the trial court will take steps to release an amount of Rs.2.00 lakhs out of Rs.3.00 lakhs to respondent No.2 for herself and for her children. In order to secure the interest of the children, a sum of Rs.50,000/- each out of the remaining amount, would be kept in an FDR with a nationalised bank for the benefit of the children. This amount will be released to them with accrued interest on attaining the age of 21 years. The appeal is accordingly allowed to the aforesaid extent leaving the parties to bear their own costs.

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