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Pottayil Radha vs State Of Kerala And Anr

Supreme Court Of India|08 December, 2021
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JUDGMENT / ORDER

Summary

Issue: Reduction of Sentence
Rule: Section 357 of the Code of Criminal Procedure (CrPC)
Application: The High Court exercised its discretion to reduce the sentence, taking into account the entirety of the circumstances.
Conclusion: The reduction of sentence had a positive impact on the accused, but the complainant did not receive full compensation.
IN THE SUPREME COURT OF INDIA INHERENT JURISDICTION REVIEW PETITION (CRIMINAL) NO.407 OF 2021 IN CRIMINAL APPEAL NO.853 OF 2020 POTTAYIL RADHA …Petitioner Versus STATE OF KERALA AND ANR. …Respondents O R D E R Application for listing Review Petition in open Court is rejected.
The High Court had reduced the substantive sentence to six months which view was not under challenge either at the instance of prosecution or by the complainant.
Considering the entirety of circumstances, the accused was directed to deposit Rs.2,50,000/- so that the complainant could be sufficiently compensated. Despite SIGN having been served, the complainant (Review Petitioner) chose not to enter appearance in this Court.
In these circumstances, the substantive sentence was reduced but at the same time, the amount of Rs.2,50,000/- was directed to be made over to the complainant.
The complainant is now seeking review of the order passed by this Court.
We have gone through the grounds raised in the Review Petition and do not find any error apparent to justify interference. This Review Petition is dismissed.
… J.
[Uday Umesh Lalit] … J.
[Vineet Saran] … J.
[S. Ravindra Bhat] New Delhi; December 08, 2021.
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Title

Pottayil Radha vs State Of Kerala And Anr

Court

Supreme Court Of India

JudgmentDate
08 December, 2021
Judges
  • Uday Umesh Lalit
  • S Ravindra Bhat