Supreme Court Clarifies Appellate Courts’ Sentencing Responsibility In Criminal Cases
Why in the News ?
The Supreme Court ruled that when an appellate court convicts an accused for the first time in a criminal case, it must itself hear the accused on the issue of punishment and cannot transfer the sentencing process to a lower court.
Supreme Court’s Key Observations:
● A bench comprising Justice K.V. Viswanathan and Justice Vijay Bishnoi delivered the important ruling.
● The Court stated that an appellate court convicting an accused for the first time has the responsibility to hear arguments regarding sentencing.
● It held that the appellate court cannot simply direct the accused to appear before a trial court for punishment determination.
● The judgment reinforces the importance of fair hearing and procedural justice in criminal cases.
● The Supreme Court remanded the concerned rape case back to the Calcutta High Court for fresh consideration on sentencing.
Background Of The Case
● In the concerned case, the Calcutta High Court had reversed the earlier acquittal and convicted the accused.
● However, instead of deciding the sentence itself, the High Court asked the accused to surrender before the trial court for sentencing.
● The Supreme Court found this approach legally improper and inconsistent with criminal procedural principles.
● According to the apex court, once the appellate court records a conviction, it must also provide an opportunity to the accused to present mitigating factors before deciding punishment.
● The ruling strengthens judicial accountability and ensures that sentencing is not treated as a mere procedural formality.
| About Appeals And Sentencing In Criminal Justice: ● An appellate court is a higher court that reviews decisions made by lower courts to examine legal errors or procedural irregularities. ● Under the Code of Criminal Procedure (CrPC), appellate courts have the power to uphold, reverse, or modify judgments of subordinate courts. ● The principle of natural justice requires that an accused be given a fair opportunity to be heard before sentencing. ● Sentencing hearings consider factors such as the nature of the offence, circumstances of the accused, and mitigating conditions. ● The Supreme Court of India, under Article 136 of the Constitution, has wide appellate powers to ensure justice and proper interpretation of law. |
