The Supreme Court reduced the sentence awarded to a man convicted under section 498A (dowry torture) after he agreed to pay compensation to his second wife and children. A bench of the Supreme Court held that the object of any criminal jurisprudence is to improve character. After bail the person will take care of the victim. If he is paying wife care allowance and lump sum compensation then we allow him.
At the same time, the wife is also ready to take a compensation of three lakh rupees. The court ordered that after paying compensation within six months from the Pakur trial court in Jharkhand, he should be released considering his jail term as punishment. The court got this compensation under section 357 of CrPC. The court said that if he does not pay compensation and allowance, then he will serve the remaining sentence. The court said that two lakh rupees have been ordered to be given to the wife and 50-50 thousand rupees in the name of the children, which will be paid to them on attaining the age of 21 years.
In this case, the second wife of the accused, Heena Bibi, had filed a complaint under Section 498A of the IPC, alleging mental and physical torture and demand for dowry. The trial court convicted Samiul and sentenced him to three years’ rigorous imprisonment with a fine of Rs 10,000. His appeal was rejected by the Appellate Court and later his revision petition was also dismissed by the High Court. After this he came to the Supreme Court, before the court he said that he was ready to give a compensation of three lakh rupees to the wife and children, but about six months time is needed to raise the money.