TMI Blog2006 (10) TMI 494X X X X Extracts X X X X X X X X Extracts X X X X ..... kottai. The said judgment in Special Case No.4 of 1991 was challenged before the Madras High Court which by the judgment dated 28.3.2002 in Criminal Appeal No.659 of 1994 held that the conviction under Section 13(2) read with Section 13(1)(d) of the Act was not maintainable and was accordingly set aside. However, the conviction for offence under Section 7 of the Act was confirmed. The High Court held that for a single act it would not be proper to convict the accused under both the sections. Accordingly, the sentence and conviction in terms of Section 13(2) read with Section 13(1)(d) of the Act was set aside. Provisions of Section 360 of the Code of Criminal Procedure, 1973 (in short 'Cr.P.C.') were applied and the respondent was directed to be released on probation. Learned counsel for the appellant submitted that the approach of the High Court is clearly erroneous. Section 7 and Section 13(2) read with Section 13(1)(d) of the Act operate separately and, therefore, it cannot be said that the Trial Court was not justified to convict both under Sections 7 and 13(2) read with Section 13(1)(d) of the Act. Additionally, provisions of Section 360 Cr.P.C. are not applic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is made up of parts, any of which parts is itself an offence, the offender shall not be punished with the punishment of more than one of such his offences, unless it be so expressly provided. Where anything is an offence falling within two or more separate definitions of any law in force for the time being by which offences are defined or punished, or where several acts, of which one or more than one would by itself or themselves constitute an offence, constitute, when combined, a different offence, the offender shall not be punished with a more severe punishment than the court which tries him could award for any one of such offences. The position is further crystalised in Section 220 of the Cr.P.C. Same reads as follows: 220. Trial for more than one offence. (1) If, in one series of acts so connected together as to form the same transaction, more offences than one are committed by the same person, he may be charged with, and tried at one trial for, every such offence. (2) When a person charged with one or more offences of criminal breach of trust or dishonest misappropriation of properly as provided in sub-section (2) of section 212 or in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ection 7 is six months and the minimum punishment under Section 13(1)(d) is one year. If an offence falls under both Sections 7 and 13(1)(d) and the court wants to award only the minimum punishment, then the punishment would be one year. It was next contended by the respondent that in the absence of any bar in the Act for extending the benefits under the provisions of Probation Act provisions of the said Act could have also been applied, as has been noted by the High Court. In any event Section 360 of the Code has been rightly applied by the High Court by taking note of the extenuating circumstances. Section 18 of the Probation Act stipulated that the Act was inapplicable to offences punishable under Section 5(2) of the Old Act. Specific reference was made to Section 5(2) of the Old Act which corresponds to Section 13 of the Act. But no change was made in the Probation Act after the Act was enacted and brought into force in 1988. Much stress was laid on the non-amendment of the Probation Act which referred to the old Act and not the present Act. It was submitted that since there has been no corresponding change in the Probation Act, therefore, the provisions of said Act cannot be a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntion appears, be construed as references to the provision so re- enacted. (2) Where before the fifteenth day of August, 1947, any Act of Parliament of the United Kingdom repealed and re-enacted], with or without modification, any provision of a former enactment, then references in any [Central Act] or in any Regulation or instrument to the provision so repealed shall, unless a different intention appears, be construed as references to the provision so re-enacted.] The object of the said provision, obvious and patently made known is that where any Act or Regulation is repealed and re-enacted, references in any other enactment to provisions of the repealed former enactment must be read and construed as references to the re-enacted new provisions, unless a different intention appears. In similar situations this Court had placed reliance upon Section 8 of the General Clauses Act to tide over the situation. In New Central Jute Mills Co. Ltd. v. The Astt. Collector of Central Excise, Allahabad and Ors. (1970 (2) SCC 820), this Court held it to be possible to read the provisions of the Customs Act, 1962 in the place of Sea Customs Act, 1878 found mentioned in Section ..... X X X X Extracts X X X X X X X X Extracts X X X X
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