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| Lok Adalat can't convict accused on basis of confessional statement: HC | | |
EarlyTimes Report
Jammu, Nov 2: High Court held that the Lok Adalat does not have any power to convict the accused either on the basis of confessional statement or otherwise, this significant judgment has been passed in a petition challenging award passed by National Lok Adalat presided over by Chief Judicial Magistrate Chadoora, whereby, the petitioner-accused in FIR No.76 of 2013 registered in Police Station, Nowgam Under Section 3/4 of the Public Gambling Act, 1977 (hereafter forshort "the Public Gambling Act") has been convicted and imposed a fine of Rs.4000/-.
Justice Sanjeev Kumar after hearing both the sides observed that from the proviso appended to Sub Section (4), it is abundantly clear that the Lok Adalat does not have any jurisdiction in respect of any matter relating to an offence which is not compoundable under any law. The offence under the Public Gambling Act is not compoundable. That being the position, the Lok Adalat does not have any jurisdiction to compound such offences even with the consent of the parties.
That apart, the jurisdiction of the Lok Adalat is to settle the matters amicably and with the consent of the parties. The jurisdiction of the Lok Adalat with respect to the offence is only limited to the settlement of the offences which are compoundable under law and even in such cases the Lok Adalat has no jurisdiction to convict the accused and award punishment including the punishment of fine. Needless to say that award of Lok Adalat is neither verdict nor any opinion arrived at by any decision making process. Furthermore, in terms of Section 345 Sub Section (6) of the Code of Criminal Procedure Samvat 1989, the composition of an offence has the effect of acquittal of the accused with whom the offence has been compounded. It is the acquittal and not conviction that shall follow composition of offence. Justice Sanjeev Kumar further observed that being the legal position, the impugned order passed by the Lok Adalat is not sustainable in law. It is for the reason that Lok Adalat does not have any power to convict the accused either on the basis of confessional statement or otherwise. It has only power to compound the offence provided the same is so provided under any law. The composition of offence would result in acquittal of the accused and not conviction. Imposition of fine is a punishment and, therefore, cannot be imposed while compounding an offence. With these observations, Justice Sanjeev Kumar quashed the award passed by the National Lok Adalat is without the jurisdiction and, therefore, nullity in law. (JNF) |
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