CASE ANALYSIS – Ajay v. State (NCT of Delhi) – 2023 SCC OnLine Del 3990

Introduction

A criminal appeal filed by the appellant, Ajay Kumar, created an immediate case before the Hon’ble High Court of Delhi, who was convicted by the trial court convicted for punishment under sections 376 and 306 below the Indian Penal Code 1860 . The learned Trial courtroom had sentenced the appellant to rigorous imprisonment for ten years for the offence of rape under section 376 IPC and to seven years of rigorous imprisonment for the offence of abetment of suicide under section 306 IPC.

Additionally, each offense has been fined, and the sentences were directed to run continuously. The current proceedings did not challenge the convict themselves, but were limited to an oral prayer before the appellate court for consecutive conversion of continuous sentences imposed under Section 427  of the Criminal Procedure Code, 1973.The problem, therefore, turned on a narrow however sizable prison query regarding the judicial discretion beneath Section 427 CrPC within the context of whether or not the offences constituted a single transaction or separate criminal acts warranting separate punishments

Facts of the Case 

1. The case concerns the unfortunate death by suicide of a woman, referred to as ‘P’, who was discovered deceased at her residence in SN Farm House, Kapashera, New Delhi, on the morning of 30th May 2015. The woman, her husband Manual Kujur, and the accused, Ajay Kumar, were all employed at the same farm house and lived in nearby servant quarters. It was alleged that between November 2014 and May 2015, the appellant repeatedly sexually harassed the deceased. He also allegedly blackmailed her by threatening to release obscene photos and videos if she resisted or reported his actions.
2. On the day of the incident, the deceased was found unconscious by her husband, after allegedly attempting suicide by hanging herself with a dupatta tied to the ceiling of her room. She was taken to Safdarjung Hospital, where she was declared dead on arrival. During the investigation, police recovered a diary from the scene, which contained a handwritten suicide note. This note revealed evidence of emotional trauma, coercion, and harassment, leading authorities to register an FIR. The accused was formally charged under Section 376 (rape) and Section 306 (abetment of suicide) of the Indian Penal Code.
3. After a full trial, the trial court found the appellant guilty on both charges. He was sentenced to 10 years of rigorous imprisonment under Section 376 IPC, along with a fine of ₹1,00,000, and 7 years of rigorous imprisonment under Section 306 IPC, with an additional fine of ₹50,000. The court directed that the sentences would run consecutively. The appellant subsequently filed an appeal before the High Court, not to contest the conviction itself, but solely to request that the sentences be modified to run concurrently as permitted under Section 427 of the Code of Criminal Procedure, 1973. The verdict itself was not challenged.

Issues of the Case

The honorable high court outlined the main legal issue as follows:

1. Did the offences committed by the appellant under sections 376 ipc and 306 ipc constitute a single transaction, allowing him to receive concurrent sentencing under section 427 of the code of criminal procedure, 1973? 
2. Can an oral request to convert consecutively running sentences into concurrently running ones be legally accepted and considered in the absence of a formal written application? 

 Judgment: 

1. The hon’ble delhi high court allowed the oral application made via the appellant and directed that the sentences imposed below sections 376 and 306 ipc would henceforth run simultaneously, in place of consecutively as ordered with the aid of the trial courtroom. 
2. The court determined that the offences, although categorized differently under the law, were part of a continuous sequence of events, with the repeated acts of sexual assault ultimately resulting in the suicide of the deceased. The court acknowledged that the suicide was a consequence of the prolonged trauma, coercion, and humiliation endured by the appellant.
3. The court determined that the appellant’s involvement in aiding suicide was no longer a separate or unrelated event, but rather a direct consequence of the ongoing sexual violence endured by the victim. As a result, each offense had been found to be connected in both fact and cause, making section 427 of the Criminal Code useful.
4. In its ruling, the court determined that the crime was the result of a single, continuous sequence of events, consisting of repeated sexual assaults that ultimately led to the suicide of the deceased, despite its legal categorization. The court concluded that the petitioner’s suicide was a direct consequence of enduring long-term trauma, and the appeal and humiliation they experienced over an extended period. Those impacted due to ongoing sexual abuse. Consequently, it was noted that all criminal acts were interconnected without any direct cause-and-effect relationship. This was a benefit of the section 427 crpc was taken into account. 
5. Taking into account the responsibilities outlined by the applicant, the complaint was not influenced by any pressure that granting relief would result in him not appealing the merits. The court also mentioned that a copy of the sentence to the prison chief was being sent to ensure compliance.

Reasoning

1. Upon reaching its conclusion, the Hon’ble Court conducted a detailed examination of the legal principles under Section 427 of the Criminal Procedure Code, 1973. The Court interpreted the section as allowing multiple sentences from separate convictions to run concurrently, provided that the circumstances justify such an approach. Although the general rule mandates that punishments should be executed consecutively, the Court recognized that exceptions apply, especially when the offences are part of the same transaction or closely connected in nature. This ensures that a person is not released from one sentence only to be immediately re-arrested for another, when both arise from a continuous series of actions..
2. In support of its reasoning, the Court referred to key judgments, including Mohd. Akhtar Hussain v. Assistant Collector of Customs [(1988) 4 SCC 183], V.K. Bansal v. State of Haryana [(2013) 7 SCC 211], and Vicky @ Vikas v. State [(2020) 11 SCC 540]. These precedents affirm that when multiple offences emerge from a common set of events, involve the same victim, and are part of a linked chain of acts, it is legally justified to award concurrent sentences.
3. In the present  case, the court held that the acts of sexual attack committed over a six-month length had been the proximate and compelling reason of the deceased’s suicide. There has been no independent component intervening to interrupt the chain of causation. The trauma inflicted via the appellant turned into located to have without delay caused the deceased taking the extreme step of ending her life. as a consequence, despite the fact that the offences underneath Sections 376 and 306 IPC are legally distinct, they arose from a unique, cohesive factual historical past and have been “intrinsically intertwined”.
4. Furthermore, the Court clarified that there is no statutory bar against considering an oral application for such relief. The absence of a formal written motion does not inhibit the exercise of judicial discretion under Section 427 CrPC.

Conclusion

1. The decision in Ajay Kumar v. The nation Nct of Delhi reiterates the precept that sentencing in criminal cases is not merely a mechanical application of punitive provisions however requires a contextual and purposive interpretation primarily based on the information and circumstances of each case. Whilst the offences under sections 376 and 306 ipc are legally distinct and deliver independent punishments, the high court rightly discovered that once such offences are committed as continuous sequence of events leading to a single tragic consequence, they may be treated as arising from the same transaction for the limited purpose of sentencing under section 427 CrPC.
2. The court determined that the suicide of the deceased was not an isolated incident but a direct and immediate consequence of the repeated sexual abuse inflicted by the appellant, leading them to exercise their discretion to grant concurrent sentencing. The ruling not only reinforces the legal principles related to sentencing jurisprudence but also demonstrates a compassionate and fair approach to procedural justice. 
3. Furthermore, the court’s acknowledgment of an oral application made under section 427 of the Criminal Procedure Code as being valid in terms of procedure highlights the adaptability of the criminal justice system when necessary. The judgment is a confirmation of the principle that sentencing should reflect the nature of the crime and the circumstances surrounding its commission, and that judges should exercise their discretion in a fair, proportional, and well-reasoned manner.

References

1. https://indiankanoon.org/doc/117951259/ 
2. Mohd. Akhtar Hussain v. Assistant Collector of Customs [(1988) 4 SCC 183]
3. V.K. Bansal v. State of Haryana [(2013) 7 SCC 211]
4. Vicky @ Vikas v. State [(2020) 11 SCC 540]

This article is written by Ananya Rajshekhar from RV University and an intern under Legal Vidhiya

Disclaimer: The materials provided herein are intended solely for informational purposes. Accessing or using the site or materials does not establish an attorney-client relationship. The information presented on this site is not to be construed as legal or professional advice, and it should not be relied upon for such purposes or used as a substitute for advice from a licensed attorney in your state. Additionally, the viewpoint presented by the author is personal.

Karan Chhetri

‘Social Media Head’ and ‘Case Analyst’ of Legal Vidhiya.