GANESH Vs. STATE OF RAJASTHAN.

JUDGEMENT

(1.) Heard learned counsel for the appellant and the learned Public Prosecutor.

(2.) The appellant Ganesh was convicted of offences under , by the learned Sessions Judge, Udaipur and was sentenced to undergo rigorous imprisonment for a period of six months and a fine of Rs. 2001- and rigorous imprisonment for one year and a fine of Rs. 200.00 respectively for the aforesaid offences. The appellant was found guilty of outraging the modesty of Smt. Pratapi wife of Deva after entering into the house of Deva.

(3.) Aggrieved against the order of the learned Sessions Judge, Udaipur, Ganesh filed the present appeal before this Court. During the pendency of the appeal, the appellant Ganesh and the lady Smt. Pratapi, who was assaulted by the appellant and her husband Deva, who was the owner of the house which was trespassed, compounded the dispute and presented a compromise application before the learned Sessions Judge, Udaipur, which was forwarded to this Court. By the order dated May 13, 1976 this Coprt directed the parties to present themselves before the Judicial Magistrate, Nathdwara for verification of the compromise application and the said application is verified by the Judicial Magistrate, Nathdwara on June 8, 1976. The offences under Sections 354 and 451, Indian Penal Code, can be compounded with the permission of the Court and in the circumstances of the case it would be proper to allow the parties to compound the offences alleged to have been committed by Ganesh appellant. It has been stated in the application submitted by the parties that they are neighbours and Genesh and Deva are cousins. They have further stated that in order to maintain good relations between the members of the family and the neighbours they have decided to compound the matter. Learned counsel for the appellant further submits that the appellant is a young man of about 21st years of age. Looking to all the facts and circumstances of the case, I think it proper to grant leave to the parties to compound the offences alleged to have been committed by Ganesh appellant under Sections 354 and 451, Indian Penal Code.