Compensation not paid – Whether the compensation still recoverable -- High Court held that despite the fact that the default sentence was undergone, yet, under the provisions of the Code of Criminal Procedure, compensation was recoverable – Held, object of the legal fiction created by Section 431 is to extend for the purpose of recovery of compensation until such recovery is completed and this would necessarily take not only to Section 421 of the Cr.P.C. but also to Section 70 of the Penal Code – Judgment of High Court, upheld.
(SC) Decided on: 05.05.2017