Criminal Procedure Code, 1973 – Whether the accused has undergone the imprisonment more than the period which he was originally subjected by the Trial Court:
Held: The Court found that the orders of the High Court and consequently, of the Special Court to be erroneous and the same are liable to be set aside – In these circumstances, the impugned judgment is set aside – Consequently, the order of the Special Court (POCSO) convicting and sentencing the appellant herein to suffer life imprisonment and to pay fine of Rs.5,000/-, is set aside – The original judgment of the Special Court convicting the appellant and imposing a sentence of rigorous imprisonment for seven years survives – The appellant herein while initially subjected to imprisonment of seven years has completed actual sentence of eleven years and eight months – Since the appellant has completed eleven years and eight months of incarceration i.e. a sentence more than that originally imposed on him – We exercise our powers under Article 142 of the Constitution of India and restore the original sentence imposed on the appellant herein which is seven years of imprisonment – The matter is concluded and the appellant is released from jail forthwith.
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Gaurav Updadhyay, Hony. Associate Editor (Verified by: Abhinav Mukerji, Sr. Adv.). Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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