Supreme Court of India

Retti Deenabandhu & Ors vs State Of Andhra Pradesh on 11 January, 1977

Supreme Court of India
Retti Deenabandhu & Ors vs State Of Andhra Pradesh on 11 January, 1977
Equivalent citations: 1977 AIR 1335, 1977 SCR (2) 599
Author: H R Khanna
Bench: Khanna, Hans Raj
           PETITIONER:
RETTI DEENABANDHU & ORS.

	Vs.

RESPONDENT:
STATE OF ANDHRA PRADESH

DATE OF JUDGMENT11/01/1977

BENCH:
KHANNA, HANS RAJ
BENCH:
KHANNA, HANS RAJ
SARKARIA, RANJIT SINGH

CITATION:
 1977 AIR 1335		  1977 SCR  (2) 599
 1977 SCC  (1) 742


ACT:
	    Appeal  against conviction--Object of challenge to	con-
	viction--High Court should not decline to go into the valid-
	ity  of the conviction on the ground  that the appellant  is
	set  at	 liberty,  by set off under s. 428 of  the  Code  of
	Criminal Procedure 1973 (Act 2 of 1974).



HEADNOTE:
	    The	 appellants,  upon  conviction	under  the  relevant
	sections of the Indian Penal Code, Explosive Substances	 Act
	and  Arms Act, were sentenced to various terms of  imprison-
	ment.	The total sentence of imprisonment to  be  undergone
	for  some of the appellants was two years while in the	case
	of  other appellants it was one year.  The High	 Court	dis-
	missed the appeal in view of the appellants' entitlement  to
	set off the period of their pre-trial detention against	 the
	entire	sentence  of imprisonment imposed  upon	 them  after
	observing  that	 it was not necessary to go into the  matter
	as it  would be only of	 an academic interest.
	    Accepting the appeal by Special Leave and remanding	 the
	cases	to  the High Court for disposing of on	merits,	 the
	Court,
	    HELD:  (1 ) The High Court was in error in so far as  it
	declined  to  go into the validity of the conviction of	 the
	appellants.  [600 F]
	    (2) The object of a challenge to conviction is to  avoid
	certain	  consequences flowing from conviction and  also  to
	erase  the stigma resulting from the conviction.   The	fact
	that the convicted person has already Undergone the sentence
	or is otherwise entitled to be set at liberty because of the
	length	of the period during which he has been under  deten-
	tion  during the course of investigation, enquiry and  trial
	cannot	prevent the accused from challenging his  conviction
	in appeal.  [600 C-F]



JUDGMENT:

CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 20
of 1977.

Appeal by Special Leave from the Judgment and Order
dated 28-2-75 of the Andhra Pradesh High Court in Crl. A.
No. 462 of 1973.

S.C. Agarwala and A.P. Gupta for the Appellants.
P.P. Rao, G.N. Rao and T.V.S.N. Chari for the Respondent.
‘The Judgment of the Court was delivered by
KHANNA, J. This appeal by special leave is against the
judgment of the Andhra Pradesh High Court dismissing the
appeal filed by the appellants.

The appellants were convicted by the Additional Sessions
Judge Visakhapatnam for offences under sections 147, 148 and
352 Indian Penal Code. Some of the appellants were also
convicted for offences under section 5 of the Explosive
Substances Act and section 25 of the Indian Arms Act. They
were sentenced to various terms of imprisonment and the
sentences were ordered to run concurrently. The total
sentence of imprisonment to be undergone by some of the
appellants was
600
two years while in the case of the other appellants it was
one year. The appellants went up in appeal to the High Court
against the judgment of the trial court. The High Court
referred to the fact that the appellants had been in custody
during the course of the investigation, inquiry and trial,
for about two years. The appellants were held entitled under
section 428 of the Code of Criminal Procedure, 1973 to set
off the period of detention against the sentence of impris-
onment imposed upon them. The High Court in view of the
above dismissed the appeal after observing that it was
unnecessary to go into the matter as it would be only of an
academic interest.

We have heard Mr. Agarwala on behalf of the appellants
and Mr. Rao on behalf of the State, and are of the opinion
that the judgment of the High Court in so far as it has
refrained from going into the merits of the conviction of
the appellants, cannot be sustained; The fact that a con-
victed person has already undergone the sentence or is
otherwise entitled to be set at liberty because of the
length of the period during which he has been under deten-
tion during the course of investigation, inquiry and trial
cannot prevent the said person from challenging his convic-
tion in appeal. Conviction for an offence entails certain
consequences. Conviction also carries with it a stigma for
the convicted person. A convicted person in challenging his
conviction. in appeal not only seeks to avoid undergoing the
punishment imposed upon him as a result of the conviction,
he also wants that other evil consequences flowing from the
conviction should not visit him and that the stigma which
attaches to him because of the conviction should be’ wiped
out. In case the convicted person undergoes the sentence of
imprisonment imposed upon him or he is otherwise entitled to
be set at liberty by the time his appeal against conviction
comes up for hearing in view of the length of the period he
was in detention during the course of investigation, inquiry
or trial, such a person would still be entitled to challenge
his conviction. The fact that he is set at liberty and
would not have to undergo any further sentence of imprison-
ment would not debar him from questioning the validity of
his conviction. The object of such a challenge to convic-
tion is to avoid the other consequences flowing from convic-
tion and also to erase the stigma resulting from the convic-
tion.. The High Court, in our view, was in error in so far
as it declined to go into the validity of the conviction of
the appellants.

We, therefore, remand the case to the High Court for
disposing of the appeal of the appellants on merit.

	S.R.		      Appeal allowed and case remanded.
	601