AHAMMEDKUTTY Vs. ABDULLAKOYA

JUDGEMENT

(1.) Leave granted. Compensation can be directed to be paid both in terms of sub-section (1) of Section 357 of the Code of Criminal Procedure as also sub-section (3) thereof. However, while exercising jurisdiction under sub-section (3) of Section 357, no direction can be issued that in default to pay the amount of compensation, the accused shall suffer simple imprisonment. Such an order could have been passed only in terms of sub-section (1) of Section 357. If the compensation directed to be paid by the court in exercise of its jurisdiction under sub-section (3) of Section 357 CrPC is not deposited, the same can be realised as fine in terms of Section 421 of the Code.

(2.) We are, therefore, of the opinion that that part of the impugned order whereby and whereunder the appellant has been directed to undergo imprisonment for a period of one month, in the event of default to pay compensation under sub-section (3) of Section 357, is set aside. Rest of the order of the High Court is upheld.

(3.) The appeal is disposed of with the aforementioned observations.