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2015 (1) TMI 1480 - SUPREME COURTValidity of sentences awarded to the Appellant - undelivered parcel containing Gold Chain by post office - theft or not - offences punishable Under Sections 381 and 419 of Indian Penal Code read with Section 52 of the IPO Act - whether the sentences awarded to the Appellant under Indian Penal Code and the IPO Act should run "concurrently" or "consecutively"? - HELD THAT:- The expressions "concurrently" and "consecutively" mentioned in the Code are of immense significance while awarding punishment to the accused once he is found guilty of any offence punishable under Indian Penal Code or/and of an offence punishable under any other Special Act arising out of one trial or more. It is for the reason that award of former enure to the benefit of accused whereas award of latter is detrimental to the accused's interest. It is, therefore, legally obligatory upon the Court of first instance while awarding sentence to specify in clear terms in the order of conviction as to whether sentence awarded to the accused would run "concurrently" or they would run "consecutively". The issue as to in which circumstances the Court should direct the sentences to run "concurrently" or "consecutively" after the accused is convicted of more than one offence in one trial or more has been the subject matter of several cases in this Court and thus remains no more res integra. This issue was considered by this Court while considering the scope of Sections 31, 427 and 428 of the Code and Section 71 of Indian Penal Code. Reliance placed in the decision of this Court in Chatar Singh v. State of M.P. [2006 (11) TMI 714 - SUPREME COURT] and State of Punjab v. Madan Lal [2009 (3) TMI 912 - SUPREME COURT], and lastly recently in Manoj @ Panu v. State of Haryana [2013 (12) TMI 1732 - SUPREME COURT], wherein this Court taking recourse to Section 31 of the Code directed in somewhat similar facts that the sentences awarded to the accused to run "concurrently" in place of "consecutively". Thus, in the light of powers available Under Section 31 of the Code, it can be held that both the sentences awarded to the Appellant in the case at hand should run "concurrently" and this is done by invoking Section 31 which enables the Court to so direct. This is a fit case where we can direct the sentences awarded to the Appellant to run "concurrently" for the reasons that firstly, the case out of which this appeal arises relates to the year 1993 and is pending for a long period of 21 years; secondly, the two sentences, which were imposed on the Appellant, arose out of one offence of theft punishable Under Section 381 Indian Penal Code tried in one trial; thirdly, the provisions of Section 52 of the IPO Act were required to be invoked against the Appellant because he was the postal employee; fourthly, the Gold Chain was long recovered and also handed over to the person concerned; fifthly, the Appellant has already been dismissed from services due to impugned conviction; and lastly, the Appellant has been suffering from heart ailment since long, as is proved by documents filed along with the Appellant's affidavit 03.11.2014. The conviction and sentences awarded to the Appellant by the courts below for the offences punishable Under Section 381 of Indian Penal Code and Section 52 of the IPO Act are upheld. However, it is directed that both the sentences awarded to the Appellant under Indian Penal Code and IPO Act would run "concurrently" - Appeal allowed in part.
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