Madras High Court
Murugan vs The State Represented By on 2 February, 2023
Crl.O.P.(MD)No.1940 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 02.02.2023
CORAM
THE HON'BLE MR.JUSTICE K.MURALI SHANKAR
Crl.O.P.(MD)No.1940 of 2023
Murugan ... Petitioner
Vs.
1.The State represented by
The Superintendent of Police,
Central Prison,
Coimbatore.
2.The Inspector of Police,
C-5 Karimedu (L&O) Police Station,
Madurai.
(Crime No.209 of 2012)
3.The Inspector of Police,
D2 Sellur (L&O) Police Station,
Madurai.
(Crime No.1127 of 2013) ... Respondents
PRAYER : Criminal Original Petition filed under Section 482 of
Criminal Procedure Code, to direct the first respondent to treat, the
sentences of imprisonment awarded in S.C.No.6 of 2015 on the file of
the learned Principal Special Court for exclusive Trial of cases under
POCSO Act, Madurai vide judgment dated 26.08.2021 to undergo three
years of imprisonment each to run concurrently for the offences under
1/6
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Crl.O.P.(MD)No.1940 of 2023
Section 363 IPC and Section 12 of POCSO Act, 2012 along with the
sentences awarded in S.C.No.82 of 2015 on the file of the learned
Sessions Judge, Mahalir Needhimandram, Madurai, vide judgment dated
31.07.2019 to undergo five years rigorous imprisonment each to run
concurrently for the offences under Section 363 IPC and 376(2)(1) r/w
511 IPC to be run concurrently.
For Petitioner : Mr.S.Manoharan
For Respondents : Mr.R.Sivakumar
Government Advocate (Crl. Side)
ORDER
This Criminal Original Petition has been filed, invoking Section
482 Cr.P.C., seeking direction to the first respondent to treat, the
sentences of imprisonment awarded in Spl.S.C.No.6 of 2015 on the file
of the Principal Special Court for exclusive Trial of cases under POCSO
Act, Madurai, vide judgment dated 26.08.2021 along with the sentences
awarded in S.C.No.82 of 2015 on the file of the Sessions Court, Mahalir
Needhimandram, Madurai, vide judgment dated 31.07.2019 to run
concurrently.
2. It is evident from the records that the learned Sessions Judge,
Mahalir Needhimandram, Madurai in S.C.No.82 of 2015, vide judgment
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Crl.O.P.(MD)No.1940 of 2023
dated 31.07.2019 found the petitioner guilty for the offences under
Sections 363 IPC and 376(2)(1) r/w 511 IPC and for the offence under
Section 363 IPC, sentenced him to undergo five years rigorous
imprisonment with a fine of Rs.2,000/- in default to undergo one year
simple imprisonment and for the offences under Sections 376(2)(1) r/w
511 IPC, sentenced him to undergo five years rigorous imprisonment and
fine of Rs.3,000/- in default to undergo one year of simple imprisonment
and further ordered that both the sentences of imprisonment to run
concurrently.
3. It is further evident that the learned Sessions Judge, Principal
Special Court for Exclusive Trial of Cases under POCSO Act, Madurai
in Spl.S.C.No.6 of 2015, vide judgment, dated 26.08.2021 convicted the
petitioner for the offence under Section 363 IPC and under Section 12 of
the Protection of Children from Sexual Offences Act, 2012 and
sentenced him to undergo three years rigorous imprisonment and to pay a
fine of Rs.1,000/- in default to undergo six months simple imprisonment
for the offence under Section 363 IPC and to undergo three years
rigorous imprisonment and to pay a fine of Rs.1,000/- in default to
undergo six months simple imprisonment for the offence under Section
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Crl.O.P.(MD)No.1940 of 2023
12 of the Protection of Children from Sexual Offences Act, 2012 and
further ordered that both the sentences to run concurrently.
4. The main contention of the petitioner is that the petitioner is
serving his sentence in Coimbatore Prison for nearly seven years, that the
previous conviction in S.C.No.82 of 2015 was not brought to the
knowledge of the learned Sessions Judge, Principal Special Court for
Exclusive Trial of Cases under POCSO Act, Madurai, while ordering the
sentence in Spl.S.C.No.6 of 2015, that the petitioner's conduct during the
incarceration period is good and there are no adverse remarks against
him and that therefore, the above petition came to be filed seeking
direction to the first respondent to treat the sentences awarded in both the
cases to run concurrently.
5. The learned Government Advocate (Criminal Side) appearing
for the respondents would submit that the petitioner is having one more
case under the POCSO Act in Crime No.679 of 2016 for the offences
under Sections 365 IPC and 5(l), 5(m) and 6 of POCSO Act on the file of
Tiruppur South Police Station and is having two other cases under the
IPC offence, that the petitioner has already been convicted in two cases
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Crl.O.P.(MD)No.1940 of 2023
under the POCSO Act and another case is pending against him and that
therefore he is not entitled to get the direction sought for.
6. The learned counsel appearing for the petitioner has relied on
the judgment of the Hon'ble Supreme Court in Iqram vs. The State of
Uttar Pradesh and others in Crl.A.No.2319 of 2022 dated 16.12.2022
and wherein, the Hon'ble Apex Court has observed that the Court has the
power and discretion to issue a direction that all the subsequent
sentences run concurrently with the previous sentence, however
discretion has to be exercised judiciously depending upon the nature of
the offence or the offences committed and the facts in situation.
7. The petitioner has every right to prefer an appeal challenging
the judgment of conviction. But, considering the nature of the offence
and taking note of the other previous cases, this Court is not inclined to
issue the direction sought for by the petitioner. Accordingly, this
Criminal Original Petition stands dismissed.
02.02.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
csm
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.1940 of 2023
K.MURALI SHANKAR,J.
csm
To
1.The Superintendent of Police,
Central Prison,
Coimbatore.
2.The Inspector of Police,
C-5 Karimedu (L&O) Police Station,
Madurai.
3.The Inspector of Police,
D2 Sellur (L&O) Police Station,
Madurai.
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
Order made in
Crl.O.P.(MD)No.1940 of 2023
Dated: 02.02.2023
https://www.mhc.tn.gov.in/judis
