1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL WRIT PETITION NO.7 OF 2011. AMIT GAJANANRAO GANDHI VS. THE STATE OF MAHARASHTRA AND ANOTHER ______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. By post. Mrs. Nandita Tripathi, APP for the respondent State. CORAM : A.H. JOSHI AND A.B. CHAUDHARY, JJ. DATE : 12th JANUARY 2011. 1. This is a letter petition. The petitioner herein is a prisoner undergoing sentence for conviction under Section 376 and Section 302 of the Indian Penal Code. 2. We have perused the petition, gave serious consideration to the submission. 3. He claims that as he has been convicted for offence under Section 376 (along with Section 302 of I.P.C.) of the Indian Penal Code, he is permanently dis-entitled from being assigned the duty of Night Watchman as well as he cannot be transferred to Open Jail. 2 4. He claims that as he has completed 10 years sentence, it would mean that he has served the sentence for the offence under Section 376 of the I.P.C. He also contends that now he is undergoing the remaining sentence which would mean that remainder of tenure is for the offence punishable under Section 302 of the I.P.C. Based on this logic, the petitioner seeks declaration that now he be treated as a convict only under Section 302 of the Indian Penal Code. 5. The petitioner's submission is full of ingenuity. However he forgets that the stigma which he has suffered having been held to be guilty for the commission of offence under Section 376 of the Indian Penal Code does not get bleached because he has served the sentence. 6. The petitioner's submission that the stigma be treated as extinguished cannot be accepted in a writ petition. 7. If the petitioner earns various remissions on account of his good behaviour. It is an independent matter and we are not convinced that 3 the petitioner is entitled to any relief sought by him because of the good behaviour claimed by him. 8. Petition is dismissed. 9. The petitioner be informed of this order along with copy thereof. Judge Judge |muley|