Enforcement of criminal compensation through default sentence remains valid, subject to reasonableness and the accused's payment capacity.

Compensation awarded under Section 357(3) of the Code of Criminal Procedure is treated as an important sentencing component aimed at victim restitution. The statutory scheme of Sections 357(3), 421 and 431 supports enforcement of such compensation in the same manner as a fine, including through a default sentence for non-payment. In fixing compensation and any default term, the court must keep both the amount and enforcement mechanism reasonable, considering the nature of the offence and the accused's capacity to pay. The text also notes that correction of the amount already deposited affects only the balance payable, with no further interference absent justification.

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Issues: Whether, in an order awarding compensation under Section 357(3) of the Code of Criminal Procedure, 1973, the court can impose a sentence of imprisonment in default of payment of compensation; and whether the sentence imposed by the High Court required enhancement.

Analysis: The statutory scheme of Sections 357(3), 421 and 431 of the Code of Criminal Procedure, 1973 was examined to determine the nature and enforceability of compensation orders. The compensation power was treated as an independent and important part of sentencing, intended to meet the victim's loss and to advance restorative justice. The Court relied on earlier decisions holding that compensation under Section 357(3) may be enforced by a default sentence, because recovery of compensation is placed on the same footing as recovery of fine for enforcement purposes. The Court also considered that the amount of compensation and the default term must remain reasonable, having regard to the nature of the offence and the accused's capacity to pay. On the complainant's plea for enhancement, the Court found no ground to interfere with the sentence as modified by the High Court.

Conclusion: A default sentence can validly be imposed for non-payment of compensation awarded under Section 357(3) of the Code of Criminal Procedure, 1973, and the request for enhancement of sentence was rejected.

Issues: Whether the High Court's modification of sentence and compensation required further interference.

Analysis: The Court corrected the factual position regarding the amount already deposited by the accused and held that the balance compensation payable had to reflect the amount actually paid earlier. After considering the circumstances of the case and the nature of the offence, the Court found no justification to alter the High Court's sentence further.

Conclusion: The accused was required to pay the remaining balance of compensation, and no further enhancement or reduction of the sentence was ordered.

Final Conclusion: The conviction was upheld, the accused obtained limited relief by correction of the compensation balance, and the complainant's challenge to the sentence failed.

Ratio Decidendi: Compensation awarded under Section 357(3) of the Code of Criminal Procedure, 1973 is enforceable by a default sentence of imprisonment, and the court must assess reasonableness of compensation and the offender's capacity to pay while fixing the amount and enforcement mechanism.

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