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2010 (5) TMI 392 - SUPREME COURTWhether in default of payment of compensation ordered under section 357(3) of the Cr.PC a default sentence can be imposed? Held that:- SLP partly allowed. The contention of the accused as regards a factual error made by the High Court, wherein the High Court stated that the accused had deposited ₹ 1 lakh towards the compensation amount requires to be accepted. It is to be noted that the accused has already deposited ₹ 2 lakhs towards the compensation amount of ₹ 5 lakhs, before the Judicial Magistrate in pursuance of orders passed by the Sessions Court and the High Court. Therefore, the appeal of the accused, i.e., Criminal Appeal arising out of Special Leave Petition (Crl.) No. 334 of 2008 is allowed to the extent that he needs to pay a further amount of ₹ 3 lakhs towards the compensation amount of ₹ 5 lakhs. The remaining part of the sentence passed by the High Court requires to be confirmed. In the result, the conviction and sentence passed against the accused in Criminal Appeal arising out of S.L.P. (Crl.) No. 334 of 2008 are confirmed with the modification.
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