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TMI Blog2019 (9) TMI 31X X X X Extracts X X X X X X X X Extracts X X X X ..... or the respondent has submitted that no useful purpose would be served by sending the respondent to jail again. - after overall consideration of fact situation, conviction of the appellant is confirmed as per trial Court s order. The Appellate Court s order is set aside and the remaining sentence of two months required by the respondent to be served is converted into fine of ₹ 15,000/-. Appeal allowed in part. - Criminal Appeal U/S 378 CR.P.C. No. 1 of 2019 - - - Dated:- 29-3-2019 - Siddharth, J. Shri Parv Agarwal, Counsel, for the Appellant. Shri Rajive Ratn Singh, Ajay Kumar and A.P. Mathur, Counsels, for the Respondent. ORDER Heard Shri Parv Agarwal, Learned Counsel for the appellant, Sri A.P. Mathur, Learned Counsel for the respondent and perused the lower Court record. 2. The criminal appeal has been filed on behalf of the appellant/complainant against the judgment and order of acquittal of the respondent/accused dated 9-7-2018 passed by Additional Sessions Judge, Varanasi, in Criminal Appeal No. 173 of 2017, arising out of the judgment and order dated 20-7-2017 passed by Special Chief Judicial Magistrate, Var ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under Section 313 of Cr.P.C. and also after going through the documentary evidence on record found that since that import of goods of the third country is prohibited by the Notification No. 9 of 1996, dated 22-1-1996, therefore even after declaration the respondent could not have brought the gold recovered from him in India which was purchased from United Kingdom. The trial Court further found that the accused has admitted in his statement under Section 108 of the Customs Act that he is aware that gold of third country cannot be brought into India through Nepal therefore the offence alleged against the respondent stands fully proved. The trial Court has recorded the finding that act of the respondent was absolutely illegal and he is liable to be punished. 8. The respondent preferred Criminal Appeal No. 173 of 2017 before the Additional Sessions Judge, Court No. 5, Varanasi who has allowed his appeal on the ground of Sections 79 and 80 of the Customs Act. The Lower Appellate Court has recorded the finding that the respondent is entitled to benefit of Section 79 of the Customs Act since he was carrying the gold for the purpose of making jewellery for marriage of his daughte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g the gold to goldsmith for manufacturing ornaments as per Gujarati tradition. The other part of his statement proves his bona fide intention. 12. He has finally submitted that the respondent has already undergone 10 months of sentence and he is in India for last about 5 years and has not been able to visit U.K. where his family resides. His business has come to a naught. He has not met his family members on account of implication in this case and has reached the stage of starvation in India since he has no work to do. His passport has been deposited before the trial court. 13. After hearing the rival contentions this Court finds that after being apprehended by the S.S.B. the respondent was taken before the Customs Officer. He was not carrying the gold seized from him, in any baggage but was hiding the same in his clothes and shoes. Had the intention of the respondent been fair, he would have taken the confiscated gold in his baggage and would have declared the same after reaching Nepal from U.K. at the Airport itself or at Sonauli border. Then benefit of Section 79 or 80 of the Customs Act could have come to his rescue. In the present case the respondent never st ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gh, (1988) 4 SCC 551 the Supreme Court urged all Courts to exercise their power under Section 357 of Cr.P.C. liberally to safeguard the interests of the victim. In this case, the victim and his relatives were attacked by seven persons in the field. The victim received severe head injuries which impaired his speech permanently. The accused were convicted by trial court under Sections 307, 323 and 325 of IPC read with Section 149 and sentenced to imprisonment for three to four years. On appeal, the High Court acquitted two accused and quashed the conviction of other five accused under Section 307/149 of IPC, but maintained their conviction under Section 325/149 of IPC. The accused persons were granted probation and each was directed to pay compensation of ₹ 2,500/- to victim. On appeal, the Supreme Court did not disturb the sentence of imprisonment but ordered the accused persons to jointly pay a total compensation of ₹ 50,000/- to the victim under Sec. 357(3) of Cr.P.C. recording following reasons : 20. It is an important provision but Courts have seldom invoked it. Perhaps due to ignorance of the object of it. It empowers the Court to award compensation to vict ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... CC 230, the Apex Court made it clear that the whole purpose of the provision is to accommodate the interests of the victims in the criminal justice system. Sometimes the situation becomes such that no purpose is served by keeping a person behind bars. Instead directing the accused to pay an amount of compensation to the victim or affected party can ensure delivery of total justice. Therefore, this grant of compensation is sometimes in lieu of sending a person behind bars or in addition to a very light sentence of imprisonment. 24. Having considered the above authorities of the Apex Court and after overall consideration of fact situation, conviction of the appellant is confirmed as per trial Court s order. The Appellate Court s order is set aside and the remaining sentence of two months required by the respondent to be served is converted into fine of ₹ 15,000/-. In case the respondent deposits the aforesaid fine along with fine of ₹ 75,000/-, if not already deposited as per judgment of the Trial Court, he shall be released forthwith and his bond and surety shall be discharged. His passport shall also be released by the Trial Court and he would be free to leave ..... X X X X Extracts X X X X X X X X Extracts X X X X
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