Sentencing

dev kapoor (Querist) 24 March 2012 This query is : Resolved
In a case I was representing accused who was charged for 3 offences committed (1)on 21.12.2006 he broke into a house & stole buffallow,which the police recovered at his instance during investigation,457/380;(2) He was on bail after six month of the first offence he was caught red handed while attempting to steal a chicken 379/511 and (3) he again burgaled a` shop and charged for stealing goods,380 IPC.He has now been convicted but the Magistrate sentenced him "Concurrently" for all three offences.I am filing appeal & among other points,can I take the plea that sentence is wrongly awarded.It should be consecutive ?

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Adv.R.P.Chugh (Expert) 24 March 2012
Dear Querist,
Normal Rule is Consecutive - Concurrent running is an exception and depends on judicial discretion (S.31 CrPC) There does not appear to be any circumstances warranting concurrent running considering how incorrigible the offendor is.

And please make it clear who do you represent ? State/Complainant or Accused ?

Raj Kumar Makkad (Expert) 24 March 2012
The judgment passed by trial magistrate is wrong and illegal as such offence committed sepately against which separate reports have been lodged cannot be clubbed and thus such order is liable to be reversed.

V R SHROFF (Expert) 24 March 2012
Separate trial for separate offence. So order can be reversed.

Adv.R.P.Chugh (Expert) 24 March 2012
A joint trial is possible for offences of the same kind - committed within a span of one year

PARTHA P BORBORA (Expert) 24 March 2012
you should go through Section 219 of the Code of criminal Procedure . But it is applicable when there are three different case ( maximum) of same kind committed within 12 months. But it is not a mandatory provision. The court MAY in his discretion clubbed the case s and tried together as single case. But court may conduct three separate cases too.