IMPORTANT POINT
The benefit of section 427 Cr.P.C., 1973 can be granted to the accused if the offences are intertwined and intrinsic, leading to a single transaction, and the Court can exercise its jurisdiction under section 427 Cr.P.C., 1973 on sound legal principles and factual foundation.

JUDGMENT

Tushar Rao Gedela, J.

[The proceeding has been conducted through Hybrid mode]

1. By way of an oral application the applicant/appellant seeks conversion of the sentences as imposed by the learned Trial Court in respect of offences under section 376 of Indian Penal Code, 1860 (hereinafter referred to as "IPC") of RI for 10 years with fine of Rs. 1,00,000/-, in default whereof, to undergo further SI of 1 year and offence under section 306 IPC of RI for 7 years and with fine of Rs.50,000/-, in default whereof, to undergo a further SI of 6 months. These were directed to run consecutively.

2. According to the Nominal Roll, the applicant/appellant has already undergone a total punishment of 7 years 7 months and 25 days. It is the submission of the applicant/appellant that in case this Court converts the sentence of consecutive punishment to one of concurrent, he would abide by the punishment and not pursue the appeal.

3. Though no formal application seeking the relief of conversion of the sentences from one being "consecutive" to one being "concurrent" has not been filed by the applicant/appellant, however, Mr. M.L. Yadav, learned counsel has made an oral prayer and argued at length. On instructions from the applicant/appellant, learned counsel submits that in case, if this Court is inclined to allow such prayers, the applicant/appellant would not further pursue his appeal bearing Criminal Appeal No. 159 of 2016.

4. Keeping in view that there is nothing in the Code requiring that convicts ought to file any formal application seeking such prayers, this Court is of the opinion that the oral prayers can be considered. As such, the said oral application is being considered.

5. Mr. M.L. Yadav, learned counsel had argued for the applicant/appellant whereas, Mr. Haider, learned APP had argued extensively for the State.'

6. In order to appreciate the arguments, it would be relevant to consider the facts arising therein, the same is being extracted from the impugned judgement dated 02.12.2015, as under:

"The present case concerns the unfortunate and untimely demise of a young lady namely 'P' (real name withheld in order to conceal her identity), who is stated to have committed suicide at her residence in SN Farm House, Telephone Exchange Road, Samalka, Kapashera, New Delhi, in the morning of 30.5.2015. The prosecution alleges that the accused had committed forcible sexual intercourse with the deceased on several occasions during the period November, 2014 to May, 2015 and upon feeling unable to narrate the rape incident to anybody on account of shame and also upon the instigation and threats of the accused that he would show her obscene video to everybody, if she did not oblige her, she committed suicide by hanging.

It is not in dispute that the prosecutrix, her husband and the accused were working in M/s. SN Farm House. The family of the deceased was residing in one of the servant quarters in the farm house whereas the accused was residing alone in the adjacent servant quarter.

It is the case of the prosecution that the information was received in P.S. Kapashera on 30.5.2015 at 11.35 a.m. from the Duty Constable at Safdarjung Hospital that a lady named 'P' aged 30 years from SN Farm House, Samalka, Kapashera, was brought to the hospital by her husband in unconscious state and upon check up, she was declared brought dead by the doctor. The information was recorded as DD No. 18A and was entrusted to SI Yogender for necessary action. Accordingly, SI Yogender alongwith Const. Anil Dutt reached Safdarjung Hospital and collected the MLC of the deceased. He inspected the dead body and found a ligature mark around its neck. He met the deceased's husband Manual Kujur as well as accused Ajay. They apprised him about the occurrence. He accompanied them to SN Farm House where he inspected the room, in which the family of the deceased resided. He found that a Chunni of white and red colour was tied around the beam over the almirah and half portion of the Ch