MAHANAND NAIK Vs. STATE OF GOA

JUDGEMENT

(1.) By the present petition, the petitioner seeks a direction to the respondents to grant the benefit of the provisions as mentioned in Sec. 428 of the Criminal Procedure Code and set off the period of imprisonment undergone by him as under trial prisoner against the term of imprisonment imposed on him.

(2.) Necessary facts to be noticed for disposal of this petition are that the petitioner herein was convicted in a case arising out of FIR No.97/2009 registered under Ss. 364, 302, 392, 201, 411 of Indian Penal Code by the Sessions Judge, North Goa Panaji. The petitioner was sentenced to undergo rigorous imprisonment for a term of three years for the offence punishable under Sec. 364 of IPC and also to pay the fine of Rs.10,000.00 in default to undergo imprisonment for a term of two months. The petitioner was further sentenced to undergo imprisonment for life for the offence punishable under Sec. 302 of IPC and to pay fine of Rs.50,000.00, in default to undergo imprisonment for a term of one year. The petitioner was further sentenced to undergo imprisonment for a term of five years for the offence punishable under Sec. 392 of IPC and to pay fine of Rs.50,000.00, in default to undergo imprisonment for a term of one year. The petitioner was further sentenced to undergo rigorous imprisonment for a term of five years for the offence punishable under Sec. 201 of IPC and to pay the fine of Rs.20,000.00 in default to undergo imprisonment for a period of six months. The Sessions Judge, North Goa, Panaji vide judgment and order dtd. 20/7/2011 observed that the accused is not entitled to the benefit of any set off in terms of Sec. 428 of Cr.P.C. having availed of it on conviction in Sessions Case No.30/2009 under

(3.) In appeal before this Court bearing Criminal Appeal No.20 of 2012, this Court quashed and set aside the conviction of the accused/petitioner for the offence punishable under Sec. 201 of IPC and upheld the conviction of the petitioner in respect of offence punishable under Ss. 364, 392 and 302 of IPC. In other case, i.e. Sessions Case No.30/2009 the petitioner was registered for the offence punishable under Sec. 376 of IPC, wherein the learned Sessions Judge, Panaji sentenced the petitioner for rigorous imprisonment for seven years with fine of Rs.25,000.00 and in default further imprisonment for two months was imposed upon the petitioner. The said order was challenged by the petitioner in Criminal Appeal No.7 of 2011 before this Court, wherein by order dtd. 6/8/2013, this Court set aside the conviction of the petitioner for the offence punishable under Sec. 376 of IPC.