Supreme Court - Daily Orders
Ajayan @ Rajan vs State Of Kerala on 7 March, 2014
Author: Chief Justice
Bench: Chief Justice
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.563 OF 2014
(Arising out of S.L.P.(Crl.) No.9778 of 2013)
Ajayan @ Rajan Appellant(s)
VERSUS
State of Kerala Respondent(s)
O R D E R
Heard both sides.
Leave granted.
The appellant was charged under Sections 376 and 302 I.P.C. After evidence, the Trial Court convicted the appellant and imposed sentence of seven years for the offence punishable under Section 376 I.P.C. and life sentence for the offence punishable under Section 302 I.P.C. While awarding such sentence, the learned Trial Judge failed to specify whether those sentences have to run concurrently or not.
When the matter was taken up by way of appeal, the High Court merely confirmed the conviction, without any clarification about the sentence part.
Learned counsel appearing for the appellant fairly states that only for clarification of the sentence part, the appellant has filed the present appeal.
Taking note of the limited stand taken in this appeal, while affirming the conviction, we clarify that the sentence awarded by the Trial Court, as confirmed by the High Court, shall run concurrently. To this extent the order is clarified.
The criminal appeal is disposed of accordingly.
....................CJI.
(P. SATHASIVAM) ......................J. (H.L. GOKHALE) ......................J. (RANJAN GOGOI) New Delhi;
March 07, 2014.
ITEM NO.31 COURT NO.1 SECTION IIB
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl) No(s).9778/2013 (From the judgement and order dated 05/10/2009 in CRLA No.1710/2005 of The HIGH COURT OF KERALA AT ERNAKULAM) AJAYAN @ RAJAN Petitioner(s) VERSUS STATE OF KERALA Respondent(s) (With appln(s) for bail and office report) Date: 07/03/2014 This Petition was called on for hearing today.
CORAM :
HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE H.L. GOKHALE HON’BLE MR. JUSTICE RANJAN GOGOI For Petitioner(s) Mr. Nishe Rajen Shonker, AOR Ms. Anu K. Joy, Adv.
For Respondent(s) Mr. Ramesh Babu M.R., AOR UPON hearing counsel the Court made the following O R D E R Leave granted.
The criminal appeal is disposed of in terms of the signed order.
|(Chetan Kumar) | |(Savita Sainani) | |Court Master | |Assistant Registrar | (Signed order is placed on the file)