Heard.

The grievance highlighted by the learned counsel for the revision petitioner against that part of the judgment impugned (judgment passed by the learned Sessions Judge, Ernakulam in Cri. A. 298/98) is that instead of directing the Court below to take steps under the provisions of Sections 431 and 421, Cr. P.C. to recover the compensation awarded the learned Sessions Judge while dismissing the appeal preferred by him directed him to undergo simple imprisonment for a period of 6 months if default is committed in payment of compensation awarded.

The contention urged before me by the learned counsel for the revision petitioner very strongly is well merited. Section 357(3), Cr. P.C. is an important provision and the power to award compensation is not ancillary to other sentences but it is in addition thereto. It cannot be argued (counsel for 1st respondent rightly not argued before me) that compensation awarded is fine. It is money other than fine payable by virtue of the order passed by the learned Sessions Judge under Section 357(3) Cr. P.C. and no method of recovery of the compensation payable is otherwise expressly provided for in the Code of Criminal Procedure. Thus