State v. Amar Nath Tiwari

O R D E R %

22.01.2025

CRL.M.A. 4363/2023

¶1This is an application seeking condonation of 135 days delay in filing the appeal.

¶2In view of the submissions made by learned APP and for the reasons stated in the application, the delay of 135 days in filing the appeal is condoned.

¶3The application is disposed of. CRL.A. 163/2023

¶4This is an appeal challenging the impugned order on sentence dated

11.11.2021 passed by learned Additional Sessions Judge-04 (Central), Tis Hazari Courts, Delhi wherein the appellant has been convicted in Sessions Case No. 287/2019 in FIR No. 478/2018, Police Station-Burari.

¶5The limited ground of appeal by the State is non-compliance of the directions passed by this Court in Karan v. State, CRL. A. 352/2020. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

¶6As per the impugned judgment, the respondent was charged under Sections 452/306/506/324/427/34 IPC. Vide judgment dated 28.08.2021 the respondent was acquitted of all charges and was convicted for the offence under Section 506, part-I IPC.

¶7On 11.11.2021, the appellant was sentenced for 2 years but since the respondent during trial had already undergone police and judicial custody of 1 year and 7 months, the respondent was given benefit of Section 428 Cr.P.C and released on the basis of imprisonment undergone. However, the learned Sessions Court was of the view that since no monetary loss was caused, the Court did not give any monetary compensation.

¶8The State has challenged the sentence on the ground that no compensation was granted in view of the judgment of Karan v. State, CRL.A. 352/2020.

¶9My attention has been drawn to the judgment of Karan v. State, CRL.A. 352/2020 passed by the Division Bench of this Court wherein it was held as under: "Sections 357 & 357A of CrPC

¶159Section 357 CrPC empowers the Court to award compensation to victims who have suffered by the action of the accused.

¶160The object of the Section 357(3) CrPC is to provide compensation to the victims who have suffered loss or injury by reason of the act of the accused. Mere punishment of the offender cannot give much solace to the family of the victim – civil action for damages is a long drawn and a cumbersome judicial process. Monetary compensation for redressal by the Court finding the infringement of the indefeasible right to life of the citizen is, therefore, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. useful and at time perhaps the only effective remedy to apply balm to the wounds of the family members of the deceased victim, who may have been the bread earner of the family.

¶161Section 357 CrPC is intended to reassure the victim that he/she is not forgotten in the criminal justice system.

¶162Section 357 CrPC is a constructive approach to crimes. It is indeed a step forward in our criminal justice system.

¶163The power under Section 357 CrPC is not ancillary to other sentences but in addition thereto.

¶164The power under Section 357 CrPC is to be exercised liberally to meet the ends of justice in a better way.

¶165Section 357 CrPC confers a duty on the Court to apply its mind on the question of compensation in every criminal case.

¶166The word "may' in Section 357(3) CrPC means "shall' and therefore, Section 357 CrPC is mandatory.

¶167The Supreme Court in Ankush Shivaji Gaikwad (supra) has given directions that the Courts shall consider Section 357 CrPC in every criminal case and if the Court fails to make an order of compensation, it must furnish reasons. Quantum of compensation

¶168The amount of compensation is to be determined by the Court depending upon gravity of offence, severity of mental and physical harm/injury suffered by the victim, damage/losses suffered by the victims and the capacity of the accused to pay. While determining the paying capacity of the accused, the Court has to take into consideration the present occupation and income of the accused. The The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. accused can also be directed to pay monthly compensation out of his income. Financial capacity of the accused

¶169Before awarding compensation, the Trial Court is required to ascertain the financial capacity of the accused. This Court has formulated the format of an affidavit to be filed by the accused after his conviction to disclose his assets and income which is Annexure-A hereto."

¶10I have heard learned APP for State as well as learned counsel for the respondent.

¶11The judgment clearly states that the purpose of compensation is perhaps a remedy which helps to apply balm to the wounds of the family. The punishment of the offender may not always give much solace to the family of the victim. However, while granting compensation the Court is required to see the gravity of the offence, the severity of the mental and physical harm suffered by the victim and also the financial capacity of the accused.

¶12In the present case, the respondent has been acquitted of all charges and only convicted for the offence under Section 506, part-I IPC namely criminal intimidation. The order on sentence dated 11.11.2021 notes in para 3 that as per the inquiry conducted by District Legal Service Authority, the monthly income of the respondent is Rs. 5,000/- per month and his bank account is dormant. Since the respondent is having a meagre income of Rs. 5,000/- per month and the only charge against him is of Section 506, part-I IPC, in terms of judgment of Karan (supra), I direct the respondent to pay a sum of Rs. 5,000/- to the Delhi State Legal Services Authority ("DSLSA") to The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. be transmitted to PW-6 i.e. mother of the victim within a period of six weeks from today.

¶13The DSLSA will file a compliance report within a period of 12 weeks from today and in case the same is not done, the file be put up before the Court.

¶14With these directions, the appeal is disposed of.

JASMEET SINGH, J JANUARY 22, 2025 sr

Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. 163/2023 STATE .....Appellant Through: Mr Yudhvir Singh Chauhan, APP for State SI Shyam, PS-Burari versus AMAR NATH TIWARI .....Respondent Through: Mr Avdhesh Kumar Singh, Mr Rakesh Kumar and Mr Chandan Kumar Jha, Advs. (through VC) CORAM: HON'BLE MR. JUSTICE JASMEET SINGH