BHOLA KUMHAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This Special Leave Petition is filed assailing the judgment and order dtd. 19/7/2018 of the High Court of Chhattisgarh at Bilaspur in Criminal Appeal No. 110/2015 whereby and whereunder the conviction of the petitioner under Sec. 376 of the Indian Penal Code (for short 'IPC') was confirmed, but the sentence therefor, was reduced from 12 years to 7 years of rigorous imprisonment. Notice was issued on 4/3/2022. However, the said order and the subsequent order dtd. 21/3/2022 would reveal that it was, in troth, a limited one.

(2.) True that the appellant cannot be said to be another Rudul Sah inasmuch as his case never ended in his acquittal, but only in confirmation of conviction with reduction in period of imprisonment. Nonetheless, his case, to be unravelled hereinbelow, would reveal continuance of contumacious act on the part of a State Government (of course, its officials) in keeping a convict in incarceration beyond the period of sentence of imprisonment, unmindful of the final verdict of the Court. Such an act is injudicious and indefensible when his/her continued confinement is uncalled for in connection with any other case. This kind of levity cannot be viewed with laxity and it is time to consider it on the legit. Freedom of movement can be curtailed or taken away by imprisonment or detention ordained after due process of law and in accordance with law. Imprisonment or detention sans sanction of law would violate Article 19(d) as well as the right under Article 21, of the Constitution of India.

(3.) In the case on hand the appellant Bhola Kumhar was made to stand the trial for the offence punishable under Sec. 376 of the Indian Penal Code (for short, "IPC") and Ss. 3(ii)(v) and 3(1) (xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. He was convicted and sentenced to undergo rigorous imprisonment for a period of 12 years and to pay a fine of Rs.10,000.00 for the conviction for offence punishable under Sec. 376 IPC. He took up the matter in appeal and in Criminal Appeal No.110/2015 the High Court of Chhattisgarh at Bilaspur confirmed the conviction, but reduced his sentence of 12 years rigorous imprisonment to 7 years imprisonment. Further, it was ordered to compensate the victim in terms of the provisions under Sec. 357 of the Code of Criminal Procedure, 1973, by paying Rs.15,000.00 within a period of six months. The sentence to pay fine of Rs.10,000.00 and in default, to undergo imprisonment for one more year was ordered to remain as it is. The orders dtd. 4/3/2022 and 21/3/2022 passed in the SLP are reflective on the disinclination to interfere with the conviction and the sentence imposed therefor, but indicative of inclination to make a probe on the question as to why the appellant was detained in custody exceeding the period of judicial custody in terms of the judgment of the High Court dtd. 19/7/2018.