RAJESH @ RAJU Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) The Appellant impugns a judgment dated 28.10.2009 and order on sentence dated 05.11.2009 passed by the learned Additional Sessions Judge (ASJ) in Sessions Case No.102/2008 arising out of the case FIR No.346/2005 whereby he was convicted for the offence punishable under Sections 397/394/392/34 IPC and was sentenced to undergo RI for seven years and to pay a fine of Rs. 3,000/- and in default of payment of fine to undergo SI for three months for the offence punishable under Section 397 IPC and to undergo RI for five years and to pay a fine of Rs. 3,000/- and in default of payment of fine to undergo SI for three months for the offence punishable under Section 392/34 IPC and to further undergo RI for five years and to pay fine of Rs. 3,000/- for the offence punishable under Section 394/34 IPC.

(2.) Apart from the conviction in the above stated case, the Appellant faced trial in case FIR No.375/2005 registered at Police Station Naraina and was sentenced to undergo rigorous imprisonment for seven years. He also faced trial in case FIR No.877/2005 registered under Sections 392/397 IPC at Police Station Uttam Nagar where he faced a sentence to undergo rigorous imprisonment for four years apart from some fine.

(3.) As per Section 427 of the Cr.P.C., when a person is already undergoing a sentence of imprisonment in one case and is further sentenced in a second case, the second sentence shall commence at the expiration of the imprisonment to which he has been previously sentenced, unless the Court directs the subsequent sentence to run concurrently. In case FIR No.375/2005 the Appellant was convicted on 15.09.2009, whereas in case FIR No.877/2005 the Appellant was sentenced on 02.11.2009. In the instant case he was sentenced on 04.11.2009. The Appellant's sentence in the two case FIR Nos.375/2005 and 877/2005 are already over. If the benefit of concurrent sentence is not given the Appellant's sentence in this case would get over in another one year and six months.