Case Note & Summary
The dispute arose from the conviction and sentencing of an accused in two separate criminal cases, where he was imprisoned as an under-trial prisoner. The accused was arrested on 21.9.1995 and subsequently convicted in two cases, S.C.230 of 1995 and S.C.313 of 1996, with the Sessions Judge granting set off under Section 428 of the Code of Criminal Procedure in both cases. However, the jail authorities refused to release him, citing a government resolution that limited set off to one case. The High Court ruled in favor of the accused, stating that the resolution contradicted the interpretation of Section 428. The State of Maharashtra appealed, arguing that the High Court's decision was incorrect. The Supreme Court, after reviewing the legislative intent behind Section 428, concluded that the provision allows for set off in multiple cases, as long as the accused was in custody during the trial. The court noted that the purpose of Section 428 is to mitigate the hardships faced by under-trial prisoners. Ultimately, the Supreme Court dismissed the State's appeal, affirming the High Court's interpretation and allowing the accused to benefit from set off in both cases.
Headnote
A) Criminal Procedure - Set Off - Claim in Multiple Cases - Code of Criminal Procedure, 1973, Section 428 - The court held that an accused can claim set off for the period of detention in multiple cases, as the provision does not restrict the benefit to a single case. The interpretation of Section 428 allows for the period of detention as an under-trial prisoner to be credited towards the sentence in each case, irrespective of concurrent imprisonment in other cases (Paras 1-6).
Issue of Consideration
Whether an accused can claim set off under Section 428 of the Code of Criminal Procedure in multiple cases.
Final Decision
The Supreme Court dismissed the appeal filed by the State of Maharashtra, affirming the High Court's interpretation of Section 428 of the Code of Criminal Procedure, 1973, allowing the accused to claim set off for periods of detention in both cases.
Law Points
- Set off
- Section 428
- Code of Criminal Procedure
- 1973
- under-trial prisoners
- double benefit
