RAJAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner faced indictment in a prosecution under Sections 302 and 376 I.P.C. He was tried by the learned Addl. Sessions Judge, Pathanamthitta in S.C.No.22 of 1999. He was found not guilty and acquitted by the learned Sessions Judge.

(2.) The State preferred an appeal and a Division Bench of this Court by order dt. 15.7.2003 set aside the judgment of acquittal and found the appellant guilty. He was convicted and sentenced. The sentences under various sections were directed to run concurrently. It was specifically observed in the said judgment that:

(3.) Notice was ordered to the Prosecutor and the Superintendent of Central Prison, Trivandrum. The report of the Superintendent shows that the period of set off having not been specified in the warrant, he has not been able to grant set off. The report of the learned Addl. Sessions Judge, Pathanamthitta shows clearly that on perusal of the case records the petitioner was in judicial custody from 3.12.1997 to 23.8.2000 and he is entitled for set off for this period, both days inclusive.