Question
The Trial Court (Judicial Magistrate), after having taken into account the prosecution case, the supporting evidences as well as the facts and circumstances of the case, ultimately had come to a conclusion that A1 deserved to be admonished. According to the Trial Court (J.M), even though the charge against him under Section 323 of IPC was proved, it was not a serious one and therefore, taking into account the situation faced by the said A1, instead of sentencing him, released him by admonishing under Section 360 of Cr.P.C.. Further, at the same time, the Trial Court ordered a compensation of a sum of Rs.5000/- to be paid by A1 to the victim, viz., P.W.2 by invoking Section 357(3) of Cr.P.C – [Legal Position to be discussed].
Answer
s.360 – Admonishing – S.357 Cr.P.C: – After a person gets admonished, he cannot be treated to be a person who had suffered with sentence. He may be a convicted person, but has not been sentenced. When the court thinks to impose a sentence, in view of the language used in sub section (3) of section 357, the Court does not have the power to impose compensation payable to the victim, on the person who has been admonished.
R.Chinnadurai & Others Versus State rep. by The Inspector of Police, Irumpulikurichi Police Station, Irumpulikurichi, Sendurai Taluk, Ariyalur District – (2018) 2 MLJ (Crl) 710 (mad)=2018(2) MWN (crl) 387
https://www.mhc.tn.gov.in/judis/index.php/casestatus/viewpdf/394624
