LAWS(APH)-2011-8-109

PATI RANGA REDDY Vs. STATE OF ANDHRA PRADESH

Decided On August 26, 2011
PATI RANGA REDDY Appellant
V/S
STATE OF ANDHRA PRADESH REP. BY ITS PUBLIC PROSECUTOR Respondents

JUDGEMENT

(1.) THE petitioner was convicted for the offences punishable u/Secs.354 and 448 IPC. THE appellate court confirmed the Judgment of the trial court. Aggrieved by the same, the present revision has been filed.

(2.) SRI P.SRIdhar Reddy, learned counsel for the accused seeks permission to compound the offence. By virtue of the amendment of the Code of Criminal Procedure in 2009, the offence u/sec.354 IPC is no more compoundable within the State of Andhra Pradesh. It however, is the contention of the learned counsel for the petitioner that the offences in this case occurred on 9.7.1999 and that the offence u/Sec.354 IPC was compoundable by the date of the offence and that the amendment which came into force on 31.12.2009 would apply to the case. He placed reliance on the decision of the Supreme Court in Mohd. Abdul Sufan Laskar Vs. State of Assam (2008) 9 Supreme Court Cases 333. The offence u/Sec.324 IPC was compoundable with the permission of the court. Through the amendment dt.23.6.2006, Sec.324 IPC was removed from Sec.320 (2) Cr.P.C. so much so, Sec.324 IPC became non-compoundable. The Supreme Court held that as the offence occurred prior to the date of the amendment, the offence u/Sec.324 IPC was compoundable.