2006 (11) TMI 714 - SC - Indian Laws

Summary

Issues involved: Interpretation and application of Section 31 of the Criminal Procedure Code, 1973.

Issue 1: Factual Background
The case involved the kidnapping of two boys, Sudhir Kumar and Sushil Kumar, aged about 10 to 12 years, who went missing on 29th December, 1994. The appellant was proceeded against for alleged offences under Sections 302, 201, 364, 365, and 120B of the Indian Penal Code, 1860. The victims were found dead, and the appellant was convicted for certain offences based on the evidence.

Issue 2: High Court's Decision
On appeal, the High Court accepted that the prosecution failed to establish that the boys were murdered by the appellant. However, the High Court upheld the finding of the learned Sessions Judge regarding the appellant's involvement in the offence under Section 364 of the IPC. The High Court emphasized the impact of the abduction on the victims' lives and their families, leading to a total sentence of 20 years of rigorous imprisonment.

Issue 3: Error in Sentencing
The appellant's counsel argued that the Trial Judge and the High Court erred in sentencing the appellant to 20 years of rigorous imprisonment under Section 31 of the Criminal Procedure Code. The appellant was charged only under Sections 364 and 365 of the Indian Penal Code, with maximum sentences of 10 years and 7 years respectively.

Issue 4: Legal Provisions
Section 31 of the Criminal Procedure Code allows for sentencing in cases of conviction of multiple offences at one trial. The section specifies that the total period of imprisonment for consecutive sentences should not exceed 14 years, as per the provisos appended to the section.

Judicial Precedents
In Kamalanantha and Ors. v. State of T.N. AIR 2005 SC 2132, the Supreme Court held that even life imprisonment can be subject to consecutive sentences under Section 31 of the CrPC. In K. Prabhakaran v. P. Jayarajan AIR 2005 SC 688, the Court recognized the power to impose consecutive sentences but did not address the provisos. Zulfiwar Ali and Anr. v. State of U.P. 1986 A.L.J. 1177 emphasized the limitations on the aggregate of consecutive sentences to not exceed 14 years.

Court's Decision
The Supreme Court found that the High Court erred in sentencing the appellant to 20 years of rigorous imprisonment, exceeding the maximum limit of 14 years under Section 31 of the CrPC. Considering the appellant had already spent more than 12 years in custody, the Court directed the appellant to be sentenced to the period already undergone. The appeal was allowed, and the appellant was to be released if not required in any other case.