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Tamil Nadu
Judge raises objection
Staff Reporter
MADURAI: The Madras High Court has disapproved the practice of convicting a person in a criminal case and sentencing him/her to remain in the court hall until the judge rises from the seat.
Dismissing a batch of criminal appeals filed before the Madurai Bench, Justice A. Selvam wondered how courts could impose such a punishment not contemplated under the Indian Penal Code.
He pointed out that Section 53 of IPC empowered the courts only to order death sentence, life imprisonment, simple/rigorous imprisonment for a fixed term, forfeiture of property and/or slapping fine.
The Judge differed with a High Court judgement in 2007, where it was held that a convict could be sentenced till the raising of the court considering his/her physical condition.
Rejecting the appellants’ plea to commute the one-year rigorous imprisonment imposed by the trial court, the Judge said they did not deserve it as they had swindled public money from a cooperative society at Tiruchendur. The sentence should always be commensurate with the gravity of offences.
Mr. Justice Selvam also declined to accept the appellants’ contention that the criminal prosecution was not valid because it was initiated pursuant to an internal enquiry, which was not completed within the mandatory period of nine months as provided under Section 81(4) of the Tamil Nadu Cooperative Societies Act.
“It is an axiomatic principle of law that enquiry under Section 81(4) is only to find out civil liability of the persons concerned, whereas in the present cases criminal liability of the accused has to be decided,” he said.
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