RAJENDRAN Vs. JOSE

JUDGEMENT

(1.) Heard.

(2.) The grievance highlighted by the learned counsel for the revision petitioner against that part of the judgment impugned (judgment passed by the learned Sessions Judge. Ernakulam in Crl. A. 298/98) is that instead of directing the court below to take steps under the provisions of S.431 and 421 Cr.P.C. to recover the compensation awarded the learned Sessions Judge while dismissing the appeal preferred by him directed him to undergo simple imprisonment for a period of 6 months if default is committed in payment of compensation awarded.

(3.) The contention urged before me by the learned counsel for the revision petitioner very strongly is well merited. S.357(3) Cr.P.C. is an important provision and the power to award compensation is not ancillary to other sentences but it is in addition thereto, it cannot be argued (counsel for 1st respondent rightly not argued below me) that compensation awarded is fine. It is money other than fine payable by virtue of the order passed by the learned Sessions Judge under S.357(3) Cr.P.C. and no method of recovery of the compensation payable is otherwise expressly provided for in the Code of Criminal Procedure. Thus, it is plainly clear from S.431 Cr.P.C. that compensation awarded is recoverable as if it were a fine. Two ways provided for the recovery of fine under S.421 Cr.P.C. are: (a) issue a warrant for the levy of the amount by attachment and sale of any movable property belonging to the offender (here in this case, the revision petitioner) and (b) issue warrant to the Collector of the district, authorising him to realise the amount as arrears of land revenue from the movable or immovable property, or both, of the defaulter. The Court is empowered to recover the compensation awarded by taking action in either or both of the above stated two ways. So, default clause imposed by the learned Sessions Judge i.e., to undergo imprisonment for six months in case of commission of default in payment of compensation awarded cannot be sustained or salvaged and the court below (trial Magistrate) is to take steps to recover the compensation awarded as provided under S.421 and 431 Cr.P.C.