New Delhi: The Supreme Court, in a recent order, directed the government of Chhattisgarh to pay compensation of Rs 7.5 lakh to a man convicted of rape who suffered imprisonment in excess of the period he was sentenced to serve.Hearing a special leave petition (SLP) by Bhola Kumar, a bench of Justices Ajay Rastogi and C.T. Ravikumar observed that detaining a convict beyond their release date – and thus, without the sanction of the law – is violative of Articles 19(d) and 21 of the constitution. Kumar had been sentenced to seven years in prison but had been detained for ten years and three months, according to his custody certificate. “When a competent court, upon conviction, sentenced an accused and in appeal, the sentence was modified upon confirmation of the conviction and then he appellate judgment had become final, the convict can be detained only up to the period to which he can be legally detained on the basis of the said appellate judgment,” the court observed in its May judgment, according to a report by Live Law.Facts of the caseBhola Kumar was found guilty of rape and sentenced by a trial court to serve 12 years in prison and pay a fine of Rs 10,000. On July 19, 2018, the Chhattisgarh high court, while hearing his appeal, maintained his conviction, but reduced his imprisonment period to seven years and directed him to pay Rs 15,000 compensation to the victim.Also read: Seven Reasons Why We Shouldn’t Demand the Death Penalty for RapeWhile hearing Kumar’s SLP, the Supreme Court noticed his incarceration beyond the sentence period and directed the superintendent of the Central Jail, Ambikapur to file an affidavit in the case.The superintendent submitted that Kumar had been detained for a total of eight years and two months, excluding the ‘remission period’ and that he had to undergo this one additional year of imprisonment for failing to pay the Rs 15,000 compensation to the victim.Further, the affidavit stated that the 2018 high court order reducing Kumar’s sentence had not been communicated to prison authorities and, upon learning of the Supreme Court’s order in May this year, immediate action was taken.However, the Supreme Court questioned this fact, asking, “How can the respondent feign ignorance about the judgment of the High Court dated 19.7.2018, reducing the sentence imposed on the appellant?”Thus, while noting that it is aware of the gravity of the offence committed by Kumar, the apex court stressed that a convict can only be held for the period they have been sentenced to serve.“When such a convict is detained beyond the actual release date it would be imprisonment or detention sans sanction of law and would thus, violate not only Article 19(d) but also Article 21 of the Constitution of India,” the court’s order reads.While deciding to award compensation to the appellant, the court highlighted the fact that he is a youth and that “the long and illegal deprivation of the right to move freely” would cause mental agony and pain to Kumar.“Without making any observation as to his civil remedy, we think it only just and proper to pass an order granting compensation to the tune of Rs 7.5 lakh to be paid by the State holding that it is vicariously liable for the act/omission committed by its officers in the course of employment. We also make it clear that while holding the State vicariously liable as above the State must have recourse against the erred officer(s),” the court order said.