Lawstreet Journal

Kerala High Court: Benefit Under Section 427 of CrPC Can Be Sought Only Before Court Dealing with The Related Offences [READ JUDGMENT]

Lawstreet Journal 15 Jul 2020 6:59pm

Image courtesy: Lawstreet Journal Judiciary Kerala High Court: Benefit Under Section 427 of CrPC Can Be Sought Only Before Court Dealing with The Related Offences [READ JUDGMENT]

The Kerala High Court has said that the advantage under Section 427 of the Code of Criminal Procedure, 1974 can be asked only before those Courts that deal with the subsequent offenses. 

Before the High Court of Kerala, one of the prominent arguments of the appellant was that he was reconvicted by the same court for a second offense under the Narcotic Drugs and Psychotropic Substances Act, 1985 and, hence, he is authorized to receive the sentence imposed by the judgment under challenge run synchronously. The recent appeal argued against his prior conviction, in 2013, by the Trial Court.

With regards to the provisions of Section 427 of the Code, Justice K. Haripal noted that, in order to bring it into power, the following conditions must be satisfied: 

1. A person already undergoing a sentence of imprisonment stands convicted; 

2. While undergoing such sentence such a person is subsequently convicted and awarded the sentence of imprisonment including imprisonment for life; of the imprisonment to 

3. Such imprisonment of rigorous imprisonment for life shall commence at the expiration which he has been previously sentenced; and, 

4. The court directs that subsequent sentence shall run concurrently with such a previous sentence. 

The Court did not pay heed to the appellant's argument that a punishment imposed on the appellant on an earlier date, can run together along with a punishment sentence pressed on him long after imposing the first one. The Court noticed that the advantage of Section 427 should not be granted for transactions that are not related. In regards to these cases,… Continue Reading...


Tagged: Kerala HC   kerala high court  
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