Supreme Court Reduces Sentence To Period Already Undergone As Man Convicted U/s 498A IPC Agrees To Pay Compensation To His Wife & Children

The Supreme Court reduced sentence awarded to a man convicted under section 498A of IPC to period already undergone after he agreed to pay compensation to his wife and children.

The object of any criminal jurisprudence is reformative in character and to take care of the victim, the bench of Justices Sanjay Kishan Kaul and Hrishikesh Roy observed.

In this case, the second wife of the accused filed a complaint under Section 498A IPC alleging mental and physical torture and demands of dowry by the accused. The Trial Court held him guilty and sentenced to three years of rigorous imprisonment with a fine of Rs.10,000/-. The First Appellate Court dismissed the appeal filed by him and later the revision petition filed by him was also dismissed by the High Court.

Before the Apex Court, the man said he was willing to pay compensation of Rs.3.00 lakhs the wife and the children and requested for about six months' time to raise the money. The court noted that the wife was agreeable to receive the compensation of Rs.3.00 lakhs. 

"If the petitioner/appellant is showing remorse and is willing to make arrangements for respondent No.2 and his two children born out of the wedlock, we would not like to come in the way of such an arrangement, which should be beneficial to respondent No.2 and her children.", the court said.

The bench further observed that 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.", the court noted.

Taking note of the fact that the accused has now undergone about seven months of sentence, the bench reduced the sentence to the period undergone in case he pays a sum of Rs.3.00 lakh as compensation. 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 year, the bench added.

Case: Samaul SK vs. State of Jharkhand ; CrA 894 OF 2021
Citation: LL 2021 SC 410
Coram: Justices Sanjay Kishan Kaul and Hrishikesh Roy

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