BENSON versus STATE OF KERALA

BENSON versus STATE OF KERALA

The Supreme Court held that in the facts of the present case, where the offences were committed on the same day and the maximum sentence in each present crime was two years' rigorous imprisonment, the sentences imposed in the four specified cases be directed to run concurrently with the currently operative sentence in crime no.8. The benefit applies only to substantive sentences, but not to default sentences or sentences of fine.

Parties
Appellant: Benson; Respondent: State of Kerala
Jurisdiction
India
Judgment Date
03 October 2016
Procedural Posture
Criminal Appeal / Appeal by Special Leave Final Judgment
Outcome
Appeals partly allowed
Legal Topics
Concurrent Running of Sentences, Sentencing Discretion, Section 427 Cr PC
Criminal Law Concurrent Running of Sentences Sentencing Discretion Section 427 Cr PC

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 1 Authorities cited 3 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Benson

Appellant

State of Kerala

Respondent

Procedural Posture

Criminal Appeal / Appeal by Special Leave Final Judgment

Legal Issues

  1. 1 Whether sentences imposed in separate convictions should run concurrently or consecutively under Section 427 of the Code of Criminal Procedure, 1973.
  2. 2 Whether the benefit of concurrent running of sentences should apply to substantive sentences and/or default sentences and sentences of fine.

Ratio Decidendi

The Supreme Court held that in the facts of the present case, where the offences were committed on the same day and the maximum sentence in each present crime was two years' rigorous imprisonment, the sentences imposed in the four specified cases be directed to run concurrently with the currently operative sentence in crime no.8. The benefit applies only to substantive sentences, but not to default sentences or sentences of fine.

Court Disposition

Appeals partly allowed

Orders

  • Sentences imposed in CC No.158 of 2004, CC No.1039 of 2003, CC No.390 of 2004, and CC No.1168 of 2006 (Serial Nos.9 to 12) shall run concurrently with the sentence imposed in crime no.8 currently operative.
  • Benefit of concurrent running applies only to substantive sentences; sentences of fine and default sentences maintained to run consecutively if fine not paid.