Case Note & Summary
The petitioners, accused in C.C.No.575/2015 for offences under Sections 457, 380 read with 34 IPC, were convicted and sentenced by the trial court on 22.06.2018. They filed an appeal (Crl.A.No.31/2019) which was dismissed by the Principal District and Sessions Judge, Uttara Kannada, Karwar. Thereafter, they filed a criminal revision petition (Crl.RP No.100118/2020) before the High Court, which was dismissed on 27.11.2020. The present petition is filed under Section 362 read with Section 482 CrPC seeking review of that order and a declaration that they have undergone the full sentence imposed, claiming set-off of the period from 27.04.2015 (date of remand) against the sentence. The court noted that the petitioners were in judicial custody in C.C.No.575/2015 from 27.04.2015, but the sentence imposed was for a different case. The court held that set-off under Section 428 CrPC applies only to detention during investigation, inquiry, or trial of the same case, not detention in another case. Further, the court held that the petition under Section 362 CrPC seeking review of the order dated 27.11.2020 is not maintainable as Section 362 CrPC bars review except for clerical or arithmetical errors. The court dismissed the petition.
Headnote
A) Criminal Procedure Code - Set-off of Detention - Section 428 CrPC - Period of detention undergone in another case cannot be set off against sentence in the present case - Petitioners were in judicial custody in C.C.No.575/2015 from 27.04.2015, but the sentence imposed was for a different case - Held that set-off under Section 428 CrPC applies only to detention during investigation, inquiry, or trial of the same case (Paras 5-6). B) Criminal Procedure Code - Review of Judgment - Section 362 CrPC - Court cannot review its own judgment unless permitted by law - Petition under Section 362 read with Section 482 CrPC seeking review of order dated 27.11.2020 is not maintainable - Held that Section 362 CrPC bars review except for clerical or arithmetical errors (Para 7).
Issue of Consideration
Whether the period of detention undergone by the petitioners in judicial custody in connection with the same case can be set off against the sentence of imprisonment imposed, and whether the court can review its earlier order under Section 362 CrPC.
Final Decision
The petition is dismissed. The court held that the period of detention undergone by the petitioners in C.C.No.575/2015 cannot be set off against the sentence imposed in another case, and the petition under Section 362 CrPC seeking review is not maintainable.
Law Points
- Set-off of pre-conviction detention
- Section 428 CrPC
- Section 362 CrPC
- Section 482 CrPC
- Review of judgment
- Period of detention in another case
