CHANDER WATI Vs. STATE

JUDGEMENT

(1.) This revision petition is directed against the orders of the Metropolitan Magistrate, Delhi who vide his order dated 11th March, 2003, has held the petitioners guilty under Section 323/34 IPC and further by his order dated 17th March, 2003 has sentenced the petitioners to simple imprisonment for three months and a compensation of Rs. 2000/- each.

(2.) Counsel for the petitioners, at the outset, states that this is a case which has gone on for more than 20 years and majority of the petitioners have already become senior citizens. He also submits that the compensation has already been paid and that the ends of justice would be met if the petitioners in this case are given the benefit under Section 360 of the Code of Criminal Procedure.

(3.) Counsel for respondent No. 2/complainant, on the other hand, contends that he would only be satisfied if the petitioners are sent to jail. He is prepared to return twice the amount of compensation awarded. He submits that the complainant has been fighting the battle for 23 years and according to him justice demands that the petitioners be sent to jail for term of imprisonment imposed. He relies upon judgments of the Supreme Court where it is laid down that sentence should be befitting the offence and also that the plight of the victim should be taken into consideration.