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INDRAJIT MAHANTY, S. G. CHATTOPADHYAY
Dulal Sharma – Appellant
Versus
State of Tripura – Respondent
| Table of Content |
|---|
| 1. background of the petitioner’s case. (Para 1 , 2) |
| 2. right to remission and discretion of authorities. (Para 6 , 7 , 15) |
| 3. claims of the parties regarding remission. (Para 8 , 9) |
| 4. legal standards governing remission exercise. (Para 10 , 11 , 12 , 13 , 14) |
| 5. petitioner's claim denied; case dismissed. (Para 16 , 17) |
JUDGMENT
S.G. Chattopadhyay, J. - The writ petitioner has claimed compensation to the tune of Rs.15,00,000/- (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 section 376(1) IPC.
2. The factual context of the case is as under:
By judgment and order dated 18.12.2012 passed by the Assistant Sessions Judge, Dharmangar in ST 25(NT/D) of 2011, petitioner Dulal Sharma was sentenced to RI for 7 (seven) years and fine of Rs.10,000/- (rupees ten thousand) and in default to SI for 3 (three) months for commission of offence punishable under section 376(1) IPC. Aggrieved thereby, petitioner challenged the judgment and order of his conviction and sentence before the Sessions Judge, North Tripura by filing an appeal
The right to remission is a legal right, but its grant is at the discretion of authorities, which must be exercised fairly without arbitrariness.
The discretion to suspend or remit the sentence lies with the State Government, but the decision must be in accordance with the law and not arbitrary. The opinion of the Presiding Judge must fulfill ....
The main legal point established in this judgment is that the continued detention of a convict beyond the period of sentence, without any other case pending against them, violates their right to pers....
(1) Right to file petition under Article 32 of Constitution is also a Fundamental Right.(2) Remission in sentence – Power to grant remission on an application filed by convict or on his behalf, is ul....
Remission applications must consider the convict's post-conviction behavior and rehabilitation potential, rather than solely the seriousness of the original offense.
The government's discretion in granting remission is subject to the procedural safeguard of the presiding judge's opinion, which must be reasoned and guide the government's decision.
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