Compensation--Compensation under Section 357 of the Code of Criminal Procedure can be granted only by the trial court, revisional court or the appellate court and by no other court.

1. This petition under Section 482 of the Code of Criminal Procedure has been filed by the petitioner claiming compensation under Section 357 of the Code of Criminal Procedure on the ground that his father was murdered by respondents No. 1 and 2 on the intervening night of 13/14 January, 1993. Both the respondents herein were convicted by the Court of Sessions Judge, Ferozepur on 27.10.1995 for life and with fine. The appeal preferred by respondents No. 1 and 2 before this Court was dismissed on 29.04.2002. Although the conviction and sentence were upheld by this Court, meaning thereby life imprisonment and fine, however no compensation under Section 357 of the Code of Criminal Procedure was granted to him. He, therefore, prays that since he was a minor at that time and now he has attained the age of majority, he must be granted compensation exercising the powers under Section 357 of the Code of Criminal Procedure. He further contends that the relief of compensation is separate from sentence and fine, which could include fine.

2. I have heard the counsel for the petitioner and have gone through Section 357 of the Code of Criminal Procedure, which reads as under:-

"357. Order to pay compensation. - (1) When a Court imposes a sentence of fine or a sentence (including a sentence of death) of which fine forms a part, the Court may, when passing judgment order the whole or any part of the fine recovered to be applied- (a) in defraying the expenses properly incurred in the prosecution;

(b) in the payment to any person of compensation for any loss or injury caused by the offence, when compensation is, in the opinion of the Court, recoverable by such person in a Civil Court;

(c) when any person is convicted of any offence for having caused the death of another person or of having abetted the commission of such an offence, in paying compensation to the persons who are, under the Fatal Accidents Act, 1855 (13 of 1855), entitled to recover damages from the person sentenced for the loss resulting to them from such death;

(d) when any person is convicted of any offence which includes theft, criminal misappropriation, criminal breach of trust, or cheating, or of having dishonestly received or retained, or of having voluntarily assisted in disposing of, stolen property knowing or having reason to believe the same to be stolen, in compensating any bona fide purchaser of such property for the loss of the same if such property is restored to the possession of the person entitled thereto.

(2) If the fine is imposed in a case which is subject to appeal, no such payment shall be made before the period allowed for presenting the appeal has elapsed, or if an appeal be presented, before the decision of the appeal.

(3) When a Court imposes a sentence, of which fine does not form a part, the Court may, when passing judgment order the accused person to pay, by way of compensation such amount as may be specified in the order to the person who has suffered any loss or injury by reason of the act for which the accused person has been so sentenced.

(4) An order under this Section may also be made by an Appellate Court or by the High Court or Court of Session when exercising its powers of revision.

(5) At the time of awarding compensation in any subsequent civil suit relating to the same matter, the Court shall take into account any sum paid or recovered as compensation under this Section."

3. A bare reading of the Section would clearly show that the competent court, which can impose sentence can also impose fine and further can compensate, if in the opinion of the court and in the facts and circumstances of the case, the same are required. The contention of the counsel for the petitioner that these two remedies are independent of each other, therefore, cannot be accepted for the simple reason that the competent authority to grant compensation would be the trial court, revisional court or the appellate court and no other court.

4. For reaching this c