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Issues: Whether compensation ordered under Section 357(3) of the Code of Criminal Procedure remains recoverable after the accused has undergone the default sentence for non-payment of that compensation.
Analysis: The statutory scheme treats money ordered to be paid under the Code as recoverable as if it were a fine where no other mode of recovery is expressly provided. The Court read Section 431 of the Code of Criminal Procedure together with Section 421 and the default-sentence provisions in Sections 64, 68 and 70 of the Indian Penal Code. It held that the legal fiction in Section 431 is not confined to the mechanics of recovery alone but extends to the consequences that flow from treating compensation as a fine. The addition made to the proviso to Section 421(1) was understood as supporting recovery even after the default sentence has been undergone, and the fiction was not to be cut down merely because the compensation was awarded under Section 357(3) rather than out of fine under Section 357(1).
Conclusion: Compensation awarded under Section 357(3) remains recoverable even after the default imprisonment has been served, and no separate recording of special reasons was necessary before proceeding with recovery.
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