VidhiSangh

Supreme Court of India · 25/05/2021

SUNIL KUMAR @ SUDHIR KUMAR & ANR. versus THE STATE OF UTTAR PRADESH

[2021] 6 S.C.R. 630 · 2021 INSC 298

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Summary

In an appeal confined to sentence for kidnapping and rape, the Court held that omission to specify concurrency or the sequence of imprisonment does not automatically make multiple sentences concurrent. Nevertheless, exercising Article 142 in the particular circumstances, it capped substantive imprisonment at fourteen years instead of the aggregate twenty-two years. Each appellant’s applicable fines and default imprisonment remained intact.

Issues

  1. Whether silence about concurrency and the sequence of sentences required concurrent imprisonment.
  2. Whether the single-transaction principle mandated concurrency.
  3. Whether the aggregate imprisonment warranted case-specific relief.

Provisions considered

Held

Result

Appeal partly allowed: substantive imprisonment capped at fourteen years under Article 142; convictions, fines and applicable default sentences preserved. Default terms to run consecutively in the order of Sections 363, 366 and 376(1).

Judgment PDF: Supreme Court of India, [2021] 6 S.C.R. 630.