The Operative portions of the Judgment is as follows:
17. The plain reading of this Section clearly indicates that the bar is only to impose the life imprisonment without the possibility of release and it is not a complete or total bar for a Court to impose life imprisonment if there is possibility of release. If sentence of life is imposed with possibility of release either premature or on completion of 14 years of imprisonment, such imposition of sentence will not fall within the bar under Section 21 of the JJ Act, 2015.
…..
38. As far as violation of Section 21 of JJ Act, 2015 imposition of Life sentence is concerned, this Court after careful consideration of the provisions under JJ Act, 2015 and POCSO Act finds that the bar under JJ Act, 2015 is with regard to imposing death sentence and life imprisonment without the possibility of release, this Court is of the view that to secure the ends of justice, it is imminent in this case to exercise the power under Article 226 of the Indian Constitution and qualify the sentence of life imprisonment imposed for the offence under Section 302 of IPC by holding that there will not be a bar for his premature release in the meanwhile and fine of Rs.5,000/- in default to undergo 6 months simple imprisonment.
[Rajkumar : Appellant Vs. State through The Inspector of Police, Vadamadurai Police Station, Dindigul District. (In Crime No.479 of 2017) : Respondent – Crl. A(MD)No.106 of 2021 – Dated : 06.01.2023 CORAM: THE HONOURABLE Mr.JUSTICE P.N.PRAKASH AND THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN]
– https://www.mhc.tn.gov.in/judis/index.php/casestatus/viewpdf/860939
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