Case Note & Summary
The appellant, Dalbir Singh, is the father of a 20-year-old son who died due to custodial torture in a police lock-up in 2006. The Trial Court convicted six police officers for offences including Sections 365, 220, 167, 304, and 34 IPC, and awarded compensation under Section 357(3) Cr.P.C.: Rs.1 lakh from one convict and varying amounts from others, totaling Rs.15 lakhs, payable to the appellant. The convicts appealed against their conviction and sentence to the Delhi High Court, and some deposited the compensation amount. The appellant sought release of the deposited compensation, but the High Court rejected his request. The Supreme Court, while dismissing the appeal, held that releasing compensation during the pendency of appeals could lead to multiplicity of proceedings. However, considering the appellant's age (76 years) and prolonged litigation, the Court directed the High Court to expedite the disposal of the appeals within six months.
Headnote
A) Criminal Procedure Code - Compensation under Section 357(3) - Release during pendency of appeals - The appellant, father of the deceased victim of custodial torture, sought release of compensation awarded by the Trial Court under Section 357(3) Cr.P.C. - The Supreme Court held that since the conviction and sentence were under challenge in pending appeals before the High Court, it was not desirable to release the compensation at that stage to avoid multiplicity of proceedings - The Court directed the High Court to expedite disposal of the appeals within six months (Paras 10-11).
Issue of Consideration
Whether the compensation awarded under Section 357(3) Cr.P.C. can be released to the victim's father during the pendency of appeals against conviction and sentence.
Final Decision
Appeals dismissed. High Court directed to dispose of Criminal Appeal Nos. 537, 624, 622, 488, and 499 of 2019 expeditiously, preferably within six months from the date of the order.
Law Points
- Compensation under Section 357(3) Cr.P.C. cannot be released during pendency of appeals against conviction and sentence
- Release of compensation may lead to multiplicity of proceedings
- High Court directed to expedite disposal of appeals
