DULAL SHARMA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The writ petitioner has claimed compensation to the tune of Rs.15,00,000.00 (rupees fifteen lakhs) apart from seeking other reliefs for denial of remission as per his entitlement during his detention in Longtharai valley Sub Jail in connection with case No. ST 25(NT/D) of 2011 under sec. 376(1) IPC.

(2.) The factual context of the case is as under:

(3.) Affidavit in opposition on behalf of respondent Nos.1, 2 and 3 came to be filed on 1/9/2020 in which the said respondents pleaded that petitioner was convicted under sec. 376(1) IPC and sentenced to RI for 7 (seven) years and fine of Rs.10,000.00 (rupees ten thousand) with default stipulation. According to the said respondents, RI for 7 (seven) years converted to days would be RI for 2555 days. As per the order of the trial Court, the petitioner suffered imprisonment for 97 days during investigation and trial of the case. Therefore, a period of 97 days would be set off against the term of imprisonment and after set off it came to be 2458 days. Since the petitioner was sentenced to SI for 3 (three) months in default of payment of fine and he defaulted in paying the fine, the default sentence of 03 months was added to 2458 days and the petitioner was supposed to undergo 2458+90=2548 days of detention without remission. Since he earned remission for 237 days during the entire period of his detention under the order of his conviction and sentence, he actually suffered detention for a period of 2548-237=2311 days. According to the respondents, initially petitioner was allowed ordinary remission for 5 (five) days per month. But subsequently, 2 (two) days of remission per month was deducted due to his misconduct. Ultimately, the petitioner earned monthly remission of 3 (three) days for 79 (seventy nine) months and he earned total remission of 79 (seventy nine) months x 3 (three) days=237 days. It has been asserted by the respondents that as per the Jail code, petitioner is not entitled to any remission for the entry month and for the month on which he was released. Moreover, he was not also entitled to any remission for suffering the default sentence for 3 (three) months.