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Supreme Court of India 2019-03-11 partly_allowed

BHAGYAN DAS vs THE STATE OF UTTARAKHAND HOME DEPARTMENT STATION HOUSE OFFICER

Bench: 2 — R. Banumathi, R. Subhash Reddy

In Brief

A Village Development Officer misled a beneficiary under a Poor Persons Residential Scheme, procuring her signature to obtain a government disbursement of Rs.9,800 but paying only Rs.4,000, pocketing the rest. He was convicted of cheating under Section 420 IPC and sentenced to one year imprisonment. He sought to compound the offence with the victim's consent. The Supreme Court upheld the conviction and rejected compounding, holding that offences involving abuse of public office affect society broadly, not just the victim, giving courts discretion to refuse compounding. However, the Court modified the sentence to time served, given the 12-year delay in filing the complaint and the appellant's advanced age."

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Criminal Law Abuse of Public Office Cheating Compounding of Offences Sentencing Judicial Discretion

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