Cannot Grant Any Credence To Compromise Entered Into After Conviction: Supreme Court Dismisses SLP Filed By Man Convicted U/Sec 354 IPC

The Supreme Court dismissed a special leave petition filed by a man convicted under Section 354 of the Indian Penal Code.

The accused, who whose conviction under Section 354 IPC was upheld by the High Court, had submitted before the Apex Court that a compromise has been entered into between him and the complainant/victim.

"We find no reason to grant any credence to such compromise which is being entered into after the conviction has been confirmed by the High Court under the judgment impugned.", the bench comprising Justices Ajay Rastogi and Abhay S. Oka said.

The prosecution case as recorded in the FIR lodged by the mother of the victim was as follows: The victim, aged 10 years was going to the nearby grocery shop. On the way, the accused met her and gave her a note of Rs.10/- to buy a cake for him. When she bought the cake, he called her to his house and both of them shared the cake. Thereafter, he started twisting her breast. The victim objected to it. Then he tried to remove her panty. The victim immediately raised a huge cry and left for home. Having arrived at home, she told everything to her mother. Mother of the victim reported the matter to police by lodging a written FIR. The trial court found him guilty of the charge of offence punishable under section 354 IPC, convicted him and sentenced him to RI for one year with a fine of Rs.5,000/- with default stipulation. The Sessions Court dismissed the appeal filed by him.

In his Revision petition before the Tripura High Court, he submitted that, after the incident occurred, the parties to the case amicably settled the matter since they were neighbours and they wanted to live in a harmonious relationship. He relied on a Supreme Court judgment in Gulab Das & Ors. Vs. State of M.P. AIR 2012 SC 888 wherein the Apex Court had taken note of the fact that the accused were convicted and sentenced under section 307 IPC which is a non-compoundable offence. But considering the settlement arrived at between the parties and totality of the facts and circumstances of that case, the Apex Court reduced the sentence awarded to the accused to the sentence already undergone by them.

"In this case, victim is a minor child who was allured by the 55 years old accused with a cake to gratify his sexual lust on her. Facts and circumstances of the two cases are completely distinguishable. Accused cannot derive any benefit from the said decision of the Supreme Court.", the High Court had observed.

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