The Hon’ble Bench comprising Hon’ble Justice Sanjay Kishan Kaul and Hon’ble Justice Hrishikesh Roy stating that the object of any criminal jurisprudence is reformative and to take care of the victim and that It is towards this objective that Section 357 of the Code of Criminal Procedure is enacted held that “we are inclined to reduce the sentence to the period undergone in case the appellant pays to respondent No.2 who is his 2nd wife for her benefit and her children’s benefit a sum of Rs.3.00 lakhs.”
Firstly, the appellant in the present case is the husband of respondent 2 in the case herein, who is his second wife. In a dowry harassment case by the appellant’s 2nd wife the appellant was sentenced under section 498A with 3years of imprisonment along with a fine of Rs.10,000/- failure of payment of which was also directed to undergo 6months of the additional period of imprisonment.
In an SLP before the Hon’ble Supreme Court, the appellant prayed that extension of the benefit of Probation of Offenders Act, 1958 to his punishment for which the hon’ble bench expressed a view that it would not averse to consideration of reduction of the sentence if the condition that the appellant gives adequate compensation to his 2nd wife for herself and her children apart from maintenance which is being paid under Section 125 of the Code of Criminal Procedure, 1973.
Subsequently, the appellant submitted his acceptance for the same and 2nd wife of the appellant also expressed that she doesn’t have any objection if the appellant is given benefit under probation of offenders act,1958 on payment of said compensation amount.
