2017 (3) ABR (Cri) 322

Bombay High Court

Hon'ble Judge(s): S. C. Dharmadhikari, Prakash D. Naik , JJ

(A) Constitution of India , Art.226, Art.21— Penal Code (45 of 1860) , S.376— Criminal P.C. (2 of 1974) , S.482— Compensation - Alleged false implication in rape case - Factors to be considered by Court while awarding compensation. There are limitations on this Court's power to award damages/compensation for that is remedy ordinarily available when confinement and detention in custody is wrongful and illegal. Such damages may be awarded even after an acquittal from criminal case, but grounds for awarding such damages in public law would have to be distinct and clear. False implication in criminal case resulting in person's liberty being taken away is contrary to mandate of Art. 21, that such false implication led to his arrest and later on subjected him to full-fledged trial to await his eventual acquittal could be one of grounds but then there ought not to be any factual dispute. Further, when orders of acquittal in criminal cases are passed based on which claims for compensation and damages are instituted, then, it would have to be decided whether acquittal is clear and doubtless. Acquittal by giving benefit of doubt is not an honourable acquittal. When such acquittals are challenged in higher courts, challenge fails. In an appropriate case and depending upon several factors and circumstances, such damages can be awarded. However, no general rule can be la....