MOHAMMAD BALAL MIAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Leave granted. Three persons were convicted among whom Mohammed Nehal Mian was convicted under Section 376, Indian Penal Code and the other two were convicted only under Sections 325 and 323 of the Indian Penal Code. As the High Court confirmed the conviction and sentence the three persons approached this Court for special leave. We found no scope for granting special leave in respect of the first petitioner Mohammed Nehal Mian and hence we dismissed the special leave petition as against him as per the order dated 26-9-2000.

(2.) As the present appellants, Mr. Balal mian and Mohammed Basheer Mian, were convicted only under offences which are compoundable, it is now submitted on behalf of the victim respondent No. 2 that the matter has been compounded between the appellants and herself. We accept the aforesaid submission made by the Counsel on behalf of respondent no. 2. Both sides have sworn to affidavit for the said purpose. We accord permission for compounding the offences.

(3.) We, therefore, acquit the appellants under Section 320 (8) of the Criminal Procedure code. The appeal is disposed of accordingly. Appeal disposed of.