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Benson Versus State of Kerala

2016 (9) SCALE 670, (2016)10 SCC 307, 2016 (10) SC J 501 - Clubing of offence - term of sentence - Appellant was involved in committing thefts he was charged of having committed offences on different occasions - Held that:- We do not find anything incorrect in the assessment made by the Courts below and in our view the orders of conviction recorded against the Appellant in the present cases are quite correct. We also do not find anything wrong in the quantum of sentence imposed in respect of the .....

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30.08.2017. - The maximum sentence in respect of the present crimes is two years' rigorous imprisonment. As per the record, these crimes were committed on the same day. Having considered the matters, we deem it appropriate to direct that the sentences imposed in each of the cases, i.e. (i) CC No. 158 of 2004, (ii) CC No. 1039 of 2003, (iii) CC No. 390 of 2004 and (iv) CC No. 1168 of 2006 namely those at Sl. Nos. 9 to 12 respectively as indicated in the sentence chart in the communication da .....

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16), 959/2016 (Arising out of SLP(Criminal) No. 3758/2016), 957/2016 (Arising out of SLP(Criminal) No. 3756/2016) - Dated:- 3-10-2016 - Dipak Misra and Uday Umesh Lalit , JJ. JUDGMENT Uday Umesh Lalit,. 1. Leave granted. These appeals by Special Leave arise out of judgments and orders passed by the High Court of Kerala in Criminal Revision Petition Nos. (i) 808 of 2015 on 16.09.2015, (ii) 859 of 2015 on 16.09.2015, (iii) 858 of 2015 on 14.09.2015 and (iv) 670 of 2015 on 17.09.2015. 2. On the all .....

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te First Class, Chavakkad for offences punishable Under Section 379, 414 read with 34 Indian Penal Code and (iv) CC No. 1168 of 2006 by Judicial Magistrate First Class, Kunnamkulam. By separate judgments, the Appellant was convicted and sentenced in each of the aforesaid crimes. The respective appeals preferred by the Appellant were dismissed by the Sessions Judge, Thrissur. The Appellant filed Criminal Revision Petitions in the High Court which were also dismissed. The following chart would dis .....

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decided on 15.11.2012 by Sessions Judge, Thrissur 808/2015 SLP (Crl.) 3757/2016 1039/2003 in the Court of JMFC, Chavakkad/Under Section 379, 414 r/w 34 of Indian Penal Code 03.06.2003 28.06.06, RI for 2 years and fine of ₹ 1,000/- for offence Under Section 379 Indian Penal Code and RI for 2 years for offence Under Section 414 Indian Penal Code, ID RI for 3 months. 759/2011 decided on 17.09.2012 by Sessions Judge, Thrissur 859/2015 SLP (Crl.) 3759/2016 390/2004 in the Court of JMFC, Chavakk .....

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on 30.09.2011 by Sessions Judge, Thrissur 670/2005 SLP (Crl.) 3756/2016 3. These matters came up on 22.04.2016 when this Court noted the submissions of the learned Counsel for the Appellant regarding concurrent running of sentences and issued notice to the State. The learned Counsel appearing for the State has produced before us communication dated 27.05.2016 from the Director General of Prisons and Correctional Services, which is as under: PRISONS HEADQUARTERS, THIRUVANANTHAPURAM Dated: 27.05.2 .....

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: Conviction Details Sl. No. Case No., Court and Warrant Date Sentence Details 1 CC 613/03 JFCM I,Thrissur Wdt. 20-11-2003 Sentenced to undergo RI for 3 years Under Section 379 Indian Penal Code Set off 97 days. At large bail period-153 days. 2 CC 533/04 JFMC II,Thrissur Wdt. 8-6-2005 Sentenced to undergo RI for 2 years Under Section 392 Indian Penal Code Set off 521 days. 3 CC 529/04 JFMC II,Thrissur Wdt. 18-6-2005 Sentenced to undergo RI for 3 years Under Section 392 Indian Penal Code, Set off .....

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nder Section 379 Indian Penal Code Set off 402 days 6 CC 932/05 JFMC Irinjalakuda Wdt. 4-7-2005 Sentenced to undergo RI for 2 years + fine ₹ 2,000/- i/d SI for 2 months Under Section 379 Indian Penal Code Set off 465 days 7 CC 171/05 ADSJ Ad hoc II Kottayam Wdt. 25-11-2005 Sentenced to undergo RI for 5 years Under Section 392 Indian Penal Code, RI for 3 years Under Section 120(B) Indian Penal Code (Concurrently) Set off 418 days. 8 CC 274/06 JFCM Kodungallur Wdt. 30-9-2008 Sentenced to und .....

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on 414 Indian Penal Code (Concurrently) Set off 240 days 11 CC 390/04 JFCM Chavakkad Wdt. 28-6-2006 Sentenced to undergo RI for 2 years + fine ₹ 1,000/- i/d SI for 3 months Under Section 379 Indian Penal Code, RI for 2 years Under Section 414 Indian Penal Code (Concurrently) Set off 141 days 12 CC 1168/06 JFCM Kunnamangalam Wdt. 31-12-2008 Sentenced to undergo RI for 1 year + fine ₹ 1,000 i/d SI for 2 months Under Section 379 r/w 34 Indian Penal Code Set off 14 days Sentence Calculat .....

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rs 06-04-2011 Set off 348 days 23-04-2010 5 CC 115/03 JFCM Irinjalakkuda 5th Sentence Started 23-04-2010 Sentence 2 years 23-04-2012 Set off 402 days 18-03-2011 6 CC 932/05 JFCM Irinjalakuda 6th Sentence Started 18-03-2011 Sentence 2 years 18-03-2013 Set off 465 days 09-12-2011 7 SC 171/05 ADSJ Adhoc II Kottayam 7th Sentence Started 09-12-2011 Sentence 5 years 09-12-2016 Set off 418 days 18-10-2015 8 CC 274/06 JFCM Kodungallur 8th Sentence Started 18-10-2015 Sentence 3 years 18-10-2018 Set off 4 .....

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e Details 19-10-2022 (F4) 19-12-2022 (F5) 19-02-2023 (F6) 19-05-2023 (F9) 19-08-2023 (F10) 19-11-2023 (11) 19-05-2024 (F12) As per the records, he will spend 12 years 3 months and 8 days in prison as on 31/07/2016. His date of expiry of substantive sentence falls on 19-08-2022 without any remission. He has already earned 3 years 10 months 27 days remission as on 26-05-16. He has to pay fine of ₹ 18,000/- in various cases in default he has to undergo 1 year 5 months in Jail. Yours faithfull .....

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riminal Procedure, 1973 is as under: 427. Sentence on offender already sentenced for another offence.-(1) When a person already undergoing a sentence of imprisonment is sentenced on a subsequent conviction to imprisonment or imprisonment for life, such imprisonment or imprisonment for life shall commence at the expiration of the imprisonment to which he has been previously sentenced, unless the Court directs that the subsequent sentence shall run concurrently with such previous sentence: Provide .....

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rrently with such previous sentence. 6. In terms of Sub-section (1) of Section 427, if a person already undergoing a sentence of imprisonment is sentenced on a subsequent conviction to imprisonment, such subsequent term of imprisonment would normally commence at the expiration of the imprisonment to which he was previously sentenced. Going by this normal principle, the sentence chart indicated in the communication dated 27.05.2016 is quite correct. However this normal Rule is subject to a qualif .....

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wooden or pedantic manner. It is difficult to lay down any straitjacket approach in the matter of exercise of such discretion by the courts. There is no cut and dried formula for the Court to follow in the matter of issue or refusal of a direction within the contemplation of Section 427(1). Whether or not a direction ought to be issued in a given case would depend upon the nature of the offence or offences committed, and the fact situation in which the question of concurrent running of the sent .....

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