Delhi ( New Delhi)

Serve notice to accused before enhancing sentence: SC to HCs

The Supreme Court has said that the High Courts are required to give notice to the accused before extending the sentence so that they get an opportunity to defend their case.

A bench of Justices BR Gavai and PS Narasimha set aside the order of the Rajasthan High Court which had awarded life imprisonment to the accused in a murder case.

The top court said that it was the appellants who had challenged their conviction through an appeal before the high court.

It was also noted that the State had not appealed against the order of the Sessions Judge not to award the death sentence to those who appealed.

β€œThere is no doubt that the High Court itself could have exercised the powers of its motion and enhanced the sentence. However, before doing so, the High Court was required to give notice to the appellants. Of course, this has not been done.

“Consequent to the judgment and order of the High Court, the sentence awarded to the appellants has been enhanced, as the appellants should not be allowed to defend their case as to why the enhanced sentence should not be awarded,” the bench said.

The top court was hearing a petition filed by two accused challenging an order of the Rajasthan High Court, which held that the case against the present appellant falls in the category of ‘rare of rare cases.

It is further held that the Trial Court has failed to consider the present case not to fall in the category of ‘rarest of rare cases to award the death sentence.

The High Court had directed that the appellants would have to undergo imprisonment for life for the offence punishable under Section 302 of the IPC.

Related Posts

Nisha

Hi, my name is Nisha and I'm an educational journalist based in India. I've always been passionate about the power of education to transform lives, and that's what led me to pursue a career in journalism focused on this area. I completed my Bachelor's degree in English from Hindu College in Delhi in 2013 and then went on to earn my Master's in Journalism and Mass Communication from the Indian Institute of Mass Communication in 2017. During my studies, I also completed several short-term courses on Education in India, Sociology, and other related subjects to deepen my knowledge in this field. I'm particularly interested in improving access to quality education in rural areas, where students often face significant challenges. I've worked on a number of initiatives to address this issue, including advocating for better policies, resources, and practices that can make a difference. As an educational journalist, I'm passionate about using my platform to highlight important issues in the education space. I've covered a wide range of topics, including the impact of technology in the classroom, innovative approaches to teaching and learning, and the challenges facing students from marginalized communities. One of the things I love most about my work is the opportunity to constantly learn and grow. I'm an avid reader and believe that reading is key to expanding one's knowledge and perspective. I'm always seeking out new ideas and insights to help me better understand the world around me. In summary, as an educational journalist, I'm dedicated to using my skills and expertise to make a positive impact in the field of education. I'm committed to improving access to quality education for all students and to using my platform to raise awareness about important issues in this area.

Related Articles

Leave a Reply

Your email address will not be published. Required fields are marked *

Back to top button