AIR 1970 KERALA 251 ::1969 MadLJ(Cri) 839 ::1969 Ker LT 838 ::1969 Ker LJ 667

Kerala High Court

Hon'ble Judge(s): K. Sadasivan , J

Penal Code (45 of 1860) , S.379, S.75— Offence u/S.379 read with S.75 - For purpose of compounding only offence is one u/S.379 - S.75 does not give different colour to it. Criminal P.C. (5 of 1898) , S.35— The contention that even though an offence under Section 379, I. P. C. is compoundable, it cannot be so compounded when the offence is under Section 379 read with Section 75, is not sound because conviction under Section 379 read with Sec. 75 is not a conviction for two 'distinct offences'. The conviction is only under Section 379. Section 75 is invoked for enhancement of the sentence. For purposes of compounding, the only offence available is the one under Section 379, I. P. C. Section 75 does not give a different colour to the offence under Section 379, I. P. C. (Moreover in view of the fact that there is a long interval between the last conviction" and the present charge, S. 75 cannot be invoked at all). (1889) ILR 11 All 393 and AIR 1916 Mad 829, Rel. on.(Para 2) @page-Ker252 .....