In Brief
Bhola Kumhar was convicted under Section 376 IPC and sentenced to 12 years' rigorous imprisonment by a trial court. The High Court confirmed the conviction but reduced the sentence to 7 years. Despite serving the full 7-year sentence (plus remission), jail authorities continued detaining him for years, claiming non-payment of compensation to the victim. This Court held that detention beyond the legally fixed sentence violates Articles 19(d) and 21 of the Constitution. Finding manifest illegality and state's vicariously liability, the Court awarded compensation of Rs. 7.5 lakhs to the appellant, holding that such consequential relief is just and proper under Article 142 and Section 386(e) Cr.P.C.
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