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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.JAYACHANDRAN
Azhagan @ Prabhu – Appellant
Versus
Director General of Prisons and Correctional Services – Respondent
ORDER :
G. JAYACHANDRAN, J.
1. The petitioner herein is a convict in S.C.No.23 of 2015 on the file of the Sessions Judge, Mahila Court, Salem. He was tried for the offences punishable under Sections 363 , 366 and 506(ii) of IPC and Section 6 r/w 5 (k) and 5(i)(ii) of POCSO Act, 2012 and he found not guilty for the offence punishable under Sections 363 and 366 of IPC and found guilty for the offence punishable under Sections and sentenced him as below:-
| S. No. | Conviction under Section | Period of sentenced imposed on him |
| 1. | 506(i) of IPC | To undergo 3 years Rigorous Imprisonment and to pay a fine of Rs.2,000/- in default to undergo 3 months Simple Imprisonment. |
| 2. | 6 r/w 5(k) and 5(j)(ii) of POCSO Act | To undergo 10 years Rigorous Imprisonment and to pay a fine of Rs.50,000/- in default to undergo 6 months Simple Imprisonment |
2. The judgment of the trial Court in S.C.No.23 of 2015 is challenged by the petitioner before the High Court in Crl.A.No.146 of 2022. The appellate Court partly allowed the appeal and found the accused guilty for the offence under Section 376 of IPC instead of Section 6 r/w 5(k) and 5(j)(ii) of POCSO Act, 2012. Consequently, the term of imprisonment modified from 10 years to 7
The court clarified that unless explicitly ordered, sentences from multiple convictions run consecutively under Section 427 of Cr.P.C., accommodating set-off for time served, emphasizing the legislat....
Prior term sentences must be served before subsequent life sentence under Section 427(1) CrPC unless court directs concurrency; Section 427(2) applies only when prior sentence is life imprisonment.
The main legal point established in the judgment is the discretionary powers of the criminal courts in applying Section 427 Cr.P.C. and determining the concurrent running of sentences in multiple cas....
The court may direct sentences to run concurrently under Section 482 of Cr.P.C., considering the nature of offenses and the defendant's likelihood of reform.
The High Court has the authority to direct sentences from separate convictions to run concurrently under Section 427 of the Code of Criminal Procedure, ensuring fair treatment in sentencing.
offences like theft, housebreaking, lurking house trespass - Petitioner is involved in several cases and after taking into consideration entire facts and circumstances, it was observed that petitione....
where there are different transactions, different crime numbers and disposal of those by judgments of different courts, direction to serve the sentences imposed concurrently cannot be issued under Se....
Concurrent sentences under Section 427 of the Code of Criminal Procedure can only be granted when the offenses arise from a single transaction; distinct and independent offenses do not qualify for su....
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