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1 - 10 of 16 (0.30 seconds)Section 457 in The Indian Penal Code, 1860 [Entire Act]
Section 427 in The Code of Criminal Procedure, 1973 [Entire Act]
The Indian Penal Code, 1860
Section 428 in The Code of Criminal Procedure, 1973 [Entire Act]
Mohd. Akhtar Hussain Alias Ibrahim ... vs Assistant Collector Of Customs ... on 31 August, 1988
One of the tests devised by the
Hon'ble Supreme Court in the above
decision is the "totality of the
sentences" which the accused may
have to undergo if the sentences are
served consecutively endorsing the
view taken in case of R.V. Edward
Charles French reported in (1982) Cri
Application R (S) P 1, wherein it is
held that, "whether the sentences are
made consecutive or concurrent, the
sentencing judge should try to ensure
that the totality of the sentences is
correct" in the light of all the
circumstances of the case. Applying
the above decision to the facts of the
present case, having regard to the
nature of the offences proved against
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the petitioner, in my view, it would be
gross injustice to incarcerate the
petitioner for 14 years equal to the
offence of murder. Records indicate
that the petitioner was a young man of
21 years at the time of commission of
the offence. The trial Court itself has
observed that no other cases are
pending against the petitioner. Under
the said circumstance, it would be just
and proper to direct the sentences to
run concurrently.