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SAIDALAVI versus STATE OF KERALA

High Court of Kerala

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SAIDALAVI v. STATE OF KERALA - Crl Rev Pet No. 799 of 1997 [2006] RD-KL 3382 (13 December 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 799 of 1997()

1. SAIDALAVI
... Petitioner

Vs

1. STATE OF KERALA
... Respondent

For Petitioner :SRI.P.V.CHANDRA MOHAN

For Respondent :PUBLIC PROSECUTOR

The Hon'ble the Chief Justice MR.V.K.BALI

Dated :13/12/2006

O R D E R

V.K.Bali,C.J. Crl.R.P.No.799 of 1997 Dated, this the 13th day of December, 2006

ORDER

V.K. Bali, CJ. (Oral) Petitioner was tried for the offences under Sections 279 and 304-A of Indian Penal Code. The trial culminated into his conviction and sentence. He has been sentenced to undergo rigorous imprisonment for one year under Section 304-A and rigorous imprisonment for four months under Section 279 of Indian Penal Code. The sentences were ordered to run concurrently, as would be clear from the order dated 8th September, 1994 passed by the Judicial First Class Magistrate-V, Kozhikode. The appeal carried against the order aforesaid was dismissed by the learned Additional Sessions Judge, Kozhikode vide order dated 24th June, 1997. It is against these two orders that the present revision has been filed.

2. The occurrence pertains to the year 1993. An eleven year old girl unfortunately died in the incident. Counsel for the petitioner, on the last date of hearing, urged that the petitioner is almost 70 years of age and the occurrence had taken place in Crl.R.P.No.799 of 1997 - 2 - 1993 and the petitioner has, in the manner aforesaid, undergone a protracted trial spanned over a period of more than thirteen years and he may not be sent to serve a jail term at this stage and the petitioner, therefore, be let of by imposing a fine.

3. On 15.3.2006, notice was issued to the defacto complainant. Abubacker, the father of the unfortunate girl died in the accident, is present in Court. He is also represented by a lawyer. The defacto complainant and his counsel state that if the petitioner may pay compensation of an amount of Rs.25,000/-, he may not be sent to jail.

4. In totality of the facts and circumstances of this case and in particular that the petitioner is an old man and the defacto complainant has also reconciled the incident and agreed to accept compensation, it would not be in the interest of justice to send the petitioner to jail at this stage, instead, while maintaining the order of conviction, the petitioner is directed to pay a fine of Rs.25,000/- (Rupees twenty five thousand only) within three months from today, which, if realised, would be paid to Abubacker, the defacto complainant. If, however, the compensation is not paid, the petitioner would serve the sentence imposed by the Courts below. Crl.R.P.No.799 of 1997 - 3 - With the modification as made above to the orders passed by the Courts below, the present revision is disposed of. V.K.Bali Chief Justice vku/-


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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