Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973: s.377 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Code of Criminal Procedure, 1973: s.377 – Session Courtawarded to the appellant 10 years rigorous imprisonment for offenceunder s.302 IPC – On State’s appeal under s.377, High Courtenhanced the sentence from 10 years to life imprisonment – Onappeal, held: Once the Sessions Judge found the appellant guiltyfor commission of the offence of the murder punishable under s.302IPC, the only punishment that can be awarded in law is either the“death penalty” or “imprisonment for life” and the “fine” – s.302IPC, in clear terms, provides that “whoever commits murder shallbe punished with “death” or “imprisonment for life” and shall alsobe liable to “fine” – Any punishment less than the life imprisonment,as prescribed under s.302 IPC, if awarded by any Court is per seillegal and without authority of law – Indeed, there is no suchdiscretion left with the Court in awarding the punishment except toaward the punishment which is prescribed under s.302 IPC – PenalCode, 1860 – s.302 – Sentence/Sentencing.Code of Criminal Procedure, 1973: s.377 – Object of – Held:The object of s.377 is that when the State files an appeal seekingenhancement of jail sentence awarded by the Sessions Judge, thejail sentence cannot be enhanced unless the accused is given anopportunity to defend it – The accused is also entitled to pray forhis acquittal or award of lesser punishment – If the accused, afterservice of notice fails to raise this plea then the High Court wouldbe justified in deciding the State’s appeal on merits which is confinedto only for enhancement of jail sentence – Therefore, the accusedcannot later claim remand the case for rehearing of the appeal.Code of Criminal Procedure, 1973: s.377(3) – Requirementunder, non-compliance – Plea by appellant that he was deprived ofhis right to oppose the appeal and also his right to urge the grounds for his acquittal as provided in s.377(3) of the Code; that appellantwas not afforded adequate opportunity to defend himself in theappeal filed by the State for enhancement of jail sentence; thatsufficient time was not given to amicus curiae to prepare the casewhich caused prejudice to the appellant – Held: Plea is notsustainable – Notice of appeal was duly served on the appellant –It was not the case of the appellant that he had no knowledge offiling of the appeal by the State against him or there was any infirmityin effecting service of notice of appeal which rendered theproceedings in appeal as bad in law – Despite notice having beenserved personally on the appellant, he did not appear – Though,the appellant had an independent right of appeal but he did not fileany regular appeal questioning the legality of the order of theSessions Judge convicting him for commission of the offence ofmurder – High Court, having found that there was no representationon behalf of the appellant despite personal service effected on him,was justified in appointing a lawyer as amicus curiae to safeguardthe appellant’s interest and to assist the Court as well – The amicuscuriae had never made any complaint in the High Court for notgiving him more time for preparation of the case – High Court,therefore, ensured compliance with s.377(3). |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2018 INSC 263 |
Petitioner | Bharatkumar Rameshchandra Barot |
Respondent | State Of Gujarat |
SCR | [2018] 3 S.C.R. 689 |
Judgement Date | 2018-03-26 |
Case Number | 448 |
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