PATEL PITAMBERBHAI ZAVERBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal arises out of the judgment and order passed by the learned Additional Sessions Judge, Special Court under the Provisions of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, Mehsana, in Special (Atrocities) Case No.4 of 1991, on 20th January, 1992 whereby the appellants-accused were convicted for the offences punishable under Sections 3 (1) (5) and under Section 3 (15) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (herein after referred to as the 'Act') and sentenced each of them to undergo six months simple imprisonment and to pay a fine of Rs.250/- each, in default thereof, to undergo 15 days simple imprisonment.

(2.) Heard Mr.Bharat Jani, learned Counsel for the appellants and learned A.P.P., Mr.Desai, for the respondent-State.

(3.) It is submitted by Mr.Jani that during the course of trial the accused persons and the complainant had arrived at a compromise and there were cordial relationship between the parties and that has been referred to also while passing the order of conviction and sentence at page No.15 of the judgment (page no.77 of the paper-book). However, since the offence punishable under the Act was not compoundable, the Court was supposed to decide the matter on merit and on the strength of the evidence led by the prosecution witnesses including the complainant. It is clear that leniency in the judgment is shown by the Court while passing the order of sentence.