MD. ABDUL SUFAN LASKAR AND ORS. versus STATE OF ASSAM

MD. ABDUL SUFAN LASKAR AND ORS. versus STATE OF ASSAM

Because the offence was committed on June 15, 1995 when Section 324 IPC was compoundable under the Code as originally enacted, and the CrPC (Amendment) Act, 2005 which made s.324 non-compoundable came into force on June 23, 2006 and does not apply retrospectively, the compromise between the parties is effective; compounding is permitted and the appellants are entitled to acquittal; convictions and sentences are set aside.

Parties
Appellants: Md. Abdul Sufan Laskar & Ors.; Respondent: State of Assam
Jurisdiction
India
Judgment Date
25 August 2008
Procedural Posture
Criminal Appeal No. 1343 of 2008 / Appeal to the Supreme Court; Final Judgment by Supreme Court Allowing the Appeal
Outcome
Appeal allowed; convictions and sentences set aside; appellants acquitted.
Legal Topics
Compounding of Offences, Section 324 IPC, Section 320 Cr PC, Cr PC (amendment) Act, 2005, Acquittal on Compromise
Criminal Law Criminal Procedure Indian Penal Code Code of Criminal Procedure Compounding of Offences Section 324 IPC Section 320 Cr PC Cr PC (amendment) Act, 2005 +1 more

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Parties

Md. Abdul Sufan Laskar & Ors.

Appellants

State of Assam

Respondent

Procedural Posture

Criminal Appeal No. 1343 of 2008 / Appeal to the Supreme Court; Final Judgment by Supreme Court Allowing the Appeal

Legal Issues

  1. 1 Whether an offence under Section 324 IPC committed in 1995 could be compounded in view of a later amendment making s.324 non-compoundable
  2. 2 Whether a compromise between the parties permits compounding and acquittal where the offence was compoundable at the time it was committed

Ratio Decidendi

Because the offence was committed on June 15, 1995 when Section 324 IPC was compoundable under the Code as originally enacted, and the CrPC (Amendment) Act, 2005 which made s.324 non-compoundable came into force on June 23, 2006 and does not apply retrospectively, the compromise between the parties is effective; compounding is permitted and the appellants are entitled to acquittal; convictions and sentences are set aside.

Court Disposition

Appeal allowed; convictions and sentences set aside; appellants acquitted.

Orders

  • Appeal allowed
  • Order of conviction and sentence recorded by all Courts is set aside