Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Need for sentencing policy Fair trial Principle of presumption of innocence Sentencing Comprehensive sentencing policy Sentencing policy Denial of due opportunity to defend Disparities in awarding sentence Death sentence de novo trial |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1898 (5 of 1898) Probation of Offenders Act, 1958 (20 of 1958) Code of Criminal Procedure, 1973 (2 of 1974) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 Referred Case 13 Referred Case 14 Referred Case 15 Referred Case 16 Referred Case 17 Referred Case 18 Referred Case 19 Referred Case 20 Referred Case 21 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Need for a comprehensive sentencing policy. Trial against the accused under Protection of Children from Sexual Offences Act, 2012 was conducted by the judicial officer in utmost haste and the accused was denied due opportunity to defend himself. Conviction and death sentence awarded was set aside by the High Court and a de novo trial was ordered, making certain observations against the Special Judge. Criminal Appeal Nos.3925-3927 of 2023 filed by the judicial officer. Criminal Appeal No.3924 of 2023 filed by the informant against the order of remittal for de novo trial. On facts, in Criminal Appeal No.3925 of 2023, the trial had commenced and concluded in a single day wherein the aforesaid judicial officer rendered a similar conviction however, the accused was sentenced to life imprisonment.HeadnotesSentencing – Lack of policy/legislation – Disparities in awarding sentence – Need for sentencing policy – Constitution of India – Articles 14, 21 |
Judge | Hon'ble Mr. Justice M.M. Sundresh |
Neutral Citation | 2024 INSC 448 |
Petitioner | Sunita Devi |
Respondent | The State Of Bihar & Anr. |
SCR | [2024] 5 S.C.R. 629 |
Judgement Date | 2024-05-17 |
Case Number | 3924 |
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