Supreme Court - Daily Orders
Sankar @ Harikrishnan vs The State Of Tamil Nadu on 5 March, 2021
Bench: Uday Umesh Lalit, K.M. Joseph
1
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.269 OF 2021
(Arising out of SLP (Crl.) No.1313 of 2021)
SANKAR @ HARIKRISHNAN Appellant
VERSUS
STATE OF TAMIL NADU Respondent
O R D E R
Leave granted.
This appeal challenges the order dated 26.11.2018 passed by the High Court of Judicature at Madras in Criminal Appeal No.618 of 2014.
The appellant stands convicted under Sections 376 and 506 (i) of the Indian Penal Code (‘the IPC’ for short) and sentenced to suffer rigorous imprisonment for 10 years and 1 year respectively on the aforesaid two counts. The appellant was further directed to pay fine in the sum of Rs.25000/- for the offence punishable under Section 376 of the IPC, in default whereof to undergo further sentence of simple imprisonment for one year.
The conviction and sentences having been affirmed by the High Court in appeal, the present appeal has been preferred.
Signature Not Verified While issuing notice on 08.02.2021, following order Digitally signed by Dr. Mukesh Nasa Date: 2021.03.06 12:52:04 IST Reason: was passed by this Court:
“Mr. T. Mahipal, learned counsel appearing for the petitioner through SCLSC submits that the petitioner has almost completed the substantive 2 sentence of 10 years awarded to him. It is further submitted that the fine imposed upon the petitioner is to the extent of Rs.25,000/- and the petitioner being a poor person will not be in a position to deposit the fine. Resultantly, the petitioner will have to undergo default sentence of rigorous imprisonment of one year.
Delay condoned.
Issue notice confined to the questions whether default sentence can be reduced or whether the imposition of fine can be substantially reduced, returnable on 05.03.2021. Dasti in addition.
Liberty to serve the learned Standing counsel for the State” We have heard Mr. T. Mahipal, learned Advocate for the appellant on behalf of the Supreme Court Legal Services Committee and Mr. M. Yogesh Kanna, learned Advocate for the State.
In our view, the ends of justice would be met if the imposition of fine from Rs.25000/- is reduced to Rs.5000/- and default sentence is reduced from one year to three months. Ordered accordingly.
With the aforesaid observations, this appeal is allowed.
......................J. [UDAY UMESH LALIT] ......................J. [K.M. JOSEPH] NEW DELHI;
MARCH 05, 2021.3
ITEM NO.12 COURT NO.4 SECTION II-C (HEARING THROUGH VIDEO CONFERENCING) S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition for Special Leave to Appeal (Crl.) No.1313/2021 SANKAR @ HARIKRISHNAN Appellant(s) VERSUS STATE OF TAMIL NADU Respondent(s) (IA No.90995/2020 – FOR EXEMPTION FROM FILING O.T.) Date : 05-03-2021 This appeal was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE UDAY UMESH LALIT HON'BLE MR. JUSTICE K.M. JOSEPH For Appellant(s) Mr. T. Mahipal, AOR For Respondent(s) Mr. M. Yogesh Kanna, AOR Mr. Raja Rajeshwaran S., Adv. Mr. Aditya Chadha, Adv.
Ms. Uma Prasuna Bachu, Adv. UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is allowed, in terms of the Signed Order. Pending applications, if any, also stand disposed of.
(MUKESH NASA) (VIRENDER SINGH)
COURT MASTER BRANCH OFFICER
(Signed Order is placed on the File)