Dalbir Singh v. NCT of Delhi

The above-named Appellant appealed the Order of the Delhi High Court rejecting the Appellant’s claim for release of compensation  under Section 357(3) of CrPC. The Respondents, members of the police force, were accused of having illegally detained and torturing the Appellant’s son in connection with a theft case. The Appellant’s son succumbed to injuries caused in lock-up. The Respondents were charged under Sections 342, 332, 306, 167, 218, 220, 302 read with Section 34 of IPC.

The Trial Court has awarded compensation of Rs One Lakh payable by Kunwar Pal, Rs Five Lakh each from SIs Hindveer Singh and Mahesh Mishra and Rs. Two Lakhs each from constables Pradeep, Pushpender and Haripal, under Section 357(3) CrPC.

The Respondents argued that that the judgment of the Trial Court, convicting the Respondents and further imposing sentence and award of compensation, are subject to challenge in the appeals, and the Appellant is not entitled to such compensation during the pendency of the appeals before the Delhi High Court.

In view of the pendency of criminal appeals before the High Court, wherein the respondents-accused have challenged their conviction and sentence imposed, the High Court did not interfere on merits of the matter. The High Court was of the opinion to not release such compensation in favour of the Appellant at this stage. The High Court in the judgement quoted that “[i]f we permit the release of such compensation to the appellant at this stage, it may lead to multiplicity of proceedings. Instead of Ordering release of compensation to the appellant at this stage, we deem it appropriate to request the High Court for expeditious disposal of [the] Criminal Appeal.”

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Kirit P. Mehta School of Law Publications