New Delhi, Aug 31 (PTI) The object of any criminal jurisprudence is "reformative" in character and to take care of the victim, the Supreme Court said on Tuesday while reducing the sentence awarded to a man for the offence of cruelty against his wife to the period already undergone subject to Rs three lakh compensation being paid by him to her and two children.

The apex court said the period of jail term undergone by him shall be treated as the sentenced period provided the amount is deposited before the trial court on or before February end next year by the man, who was awarded three years rigorous imprisonment in the case.

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A bench of justices Sanjay Kishan Kaul and Hrishikesh Roy noted that the man has undergone about seven months of sentence and was willing to pay compensation of Rs three lakh to the woman for herself and the two children.

The top court noted that police authorities have verified from the woman and she was agreeable to receive the compensation of Rs three lakh.

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"The object of any criminal jurisprudence is reformative in character and to take care of the victim. It is towards this objective that section 357 of the Code of Criminal Procedure is enacted in the statute. The objective of which is to apply whole or any part of the fine recovered to be applied on payment to any person of compensation for any loss or injury caused by the offence. In the present case, it is one of voluntarily offering the amount albeit to seek a reduction of sentence,” the bench said in its judgement.

The bench delivered its verdict on an appeal filed by the man against the October last year order of the Jharkhand High Court which had dismissed his plea against the trial court order.

The trial court had in January 2014 held him guilty for the offence of subjecting a woman to cruelty and sentenced him to three year jail.

The complaint against him was lodged by a woman who alleged that on being instigated by his first wife, the petitioner had started torturing her mentally and physically and also made dowry demands.

The bench noted in its verdict that the man was already married and he apparently had illicit relationship with the complainant, which later culminated in their marriage. Later, their relationship turned sour.

It noted that during the hearing in the matter before it, the man had prayed for extension of the benefit of Probation of Offenders Act, 1958, which was declined by the apex court.

"However, the court expressed the view that it was not averse to consideration of reduction of sentence subject to the condition that the petitioner (man) gave adequate compensation to respondent number two for herself and her children apart from whatever maintenance was being paid under section 125 of the Code of Criminal Procedure, 1973,” it noted.

The bench said the counsel appearing for the petitioner had submitted before it that the petitioner was willing to pay compensation of Rs lakh lakhs to the woman for herself and the two children and requested for about six months' time to raise the money.

"Further, on compensation being paid, she (woman) had agreed that if the sentence of the appellant is reduced and/or if he is granted the benefit of the Probation of Offenders Act, she has no objection," it said.

"We have given thought to the matter. We have already noticed that keeping in mind the nature of the offence, we had declined the benefit of the Probation of Offenders Act to the appellant. However, if the petitioner/appellant is showing remorse and is willing to make arrangements for respondent number two and his two children born out of the wedlock, we would not like to come in the way of such an arrangement, which should be beneficial to respondent number two and her children," the bench said.

It directed that the man shall deposit Rs three lakh with the trial court on or before February 28, 2022 and subject to the deposit, the period of jail term undergone shall be treated as the sentenced period.

The bench made it clear that if the amount is not deposited, the man would have to undergo the remaining part of the sentence of three years.

It also said the amount of Rs three lakh shall be apart from the fine of Rs 10,000 as directed by the trial court.

"We are informed that the appellant has now undergone about seven months of sentence and, thus, we are inclined to reduce the sentence to the period undergone in case the appellant pays to respondent number two for her benefit and her children's benefit a sum of Rs 3 lakh," it said.

(The above story is verified and authored by Press Trust of India (PTI) staff. PTI, India’s premier news agency, employs more than 400 journalists and 500 stringers to cover almost every district and small town in India.. The views appearing in the above post do not reflect the opinions of LatestLY)