Moved by love, SC shows leniency
16 Nov 2007, The Times of India
The reason for her change of heart -- the boyfriend had become her husband during the course of the trial.
The Supreme Court, however, said there was a small hitch in letting this love story have a perfect ending -- there's no provision in law allowing the plaintiff to reach a compromise in a criminal case where adequate evidence had been found to fasten guilt on the accused. Both the lower court and the high court had found adequate evidence against the man and sent him to jail.
But although justice, like love, is blind, it does have a heart. In view of the fact that the complainant and the principal accused had now got married, a bench comprising Justices G P Mathur and Altamas Kabir reduced the three-year prison term to a period of incarceration already undergone by the husband.
The case pertains to a village in Kokrajhar district of Assam, where one Hasi Mohan Barman fell in love with Haleswari Barman. The two got intimate and she became pregnant. The villagers put pressure on Hasi to marry her. Hasi refused and put pressure on the girl to undergo an abortion.
When she refused, Hasi forcibly took her to a pharmacist and kept her confined for nine days. After her pregnancy was terminated with the help of his pharmacist friend, she was sent back to her parents' house.
Haleswari lodged an FIR against Hasi and the police chargesheeted him and the pharmacist after investigating the complaint. During the trial, she deposed against Hasi, narrating the sequence of events leading to the forcible termination of her pregnancy.
The trial court, on the basis of her evidence and corroborative medical opinion, convicted Hasi under Section 313 of IPC for causing abortion without the consent of the woman. It sentenced him to seven years in prison. Hasi appealed against the order. The high court maintained the conviction, but reduced the sentence to three years' imprisonment.
http://timesofindia.indiatimes.com/India/Moved_by_love_SC_shows_leniency/articleshow/2544544.cms
Love & abortion: SC took note of previous rulings
16 Nov 2007, The Times of
When Hasi appealed in the Supreme Court, Haleswari filed an affidavit stating that she had entered into a compromise and wanted the criminal case against her husband and his accomplice under Section 313 withdrawn.
The apex court sought a report from the Kokrajhar additional sessions judge, who verified the contents of the affidavit and reported back that Haleswari and Hasi were living peacefully as husband and wife.
In view of the report, Haleswari requested the SC to set aside the conviction of her husband. The Supreme Court now faced legal dilemma. The bench said the compromise could not be utilised for recording acquittal of the accused boyfriend-turned-husband as the offence under Section 313 is non-compoundable.
However, the bench took the help of previous decisions of the apex court where it had reduced the sentence of the accused on the basis of a compromise reached between the accused and the complainant.
It said: "We are of the opinion that the complainant and the principal accused having already married, it will be in the interest of justice if the sentence is reduced to the period already undergone. The conviction is maintained but the sentence is reduced to the period already undergone, which appears to be about 10 months. The fine imposed is also set aside."
With Thanks from THE TIMES OF INDIA
For any query:-
deepakmiglani@hotmail.com
No comments:
Post a Comment