CHANDER SHEKHAR DIWAN Vs. STATE

JUDGEMENT

(1.) CHANDER Shekhar Diwan (the appellant), Bhoop Singh and Saroj were sent for trial in case FIR No. 439/2001 PS Ambedkar Nagar for committing offences under Sections 308/34 IPC. The Trial Court by a judgment dated 27.05.2003 in Sessions Case No. 57/2002, however, held all of them guilty for committing offences under Sections 323/34 IPC. By an order dated 02.06.2003, they were released on probation subject to payment of compensation of Rs. 20,000/ - in all. It is apt to note that State did not challenge the acquittal under Section 308 IPC. It appears that Bhoop Singh and Saroj have not opted to file appeal. It further reveals that the compensation amount was paid in compliance of the order by the convicts and was released to the victim ­ Satya Devi.

(2.) DURING the course of arguments, counsel for the appellant assailed only the sentence order as it did not prescribe the period of probation. Counsel further challenged jurisdiction of the Trial Court to order payment of compensation in view of 'Ankush Shivaji Gaikwad vs. State of Maharashtra' in Crl.A. No. 689/2013.

(3.) UNDER Section 357(3) Cr.P.C., the Courts have ample powers to award compensation to the victim. In a recent judgment 'Ankush Shivaji Gaikwad vs. State of Maharashtra', in Crl.A. No. 689/2013 decided on 03.05.2013, the Supreme Court observed :