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SURYA KANT, UJJAL BHUYAN
Harshad Gupta – Appellant
Versus
State Of Chhattisgarh – Respondent
ORDER :
Leave granted.
2. The appellant's grievance is against the Judgment dated 13.05.2019 passed by the High Court of Chhattisgarh at Bilaspur, whereby his prayer to re-open the judgment of his conviction, hear the arguments afresh by the new Presiding Officer, and then deliver a judgment of conviction or acquittal, has been turned down. The facts may be noticed briefly:
3. FIR No. 03/13 was registered on 28.05.2013 at Police Station Jashpur under Sections 376 and 506 of the Indian Penal Code, 1860 (in short, the “IPC”). The appellant is the principal accused. His father was also named as accused of threatening the victim with dire consequences if she would not withdraw the complaint. The Trial Court framed charges under Sections 376(1) and 506 of the IPC against the appellant, in 2013. The Sessions trial was conducted and the final hearing was also concluded. The learned Additional Session’s Judge, vide order dated 28.04.2015, adjourned the case for 30.04.2015 for pronouncement of judgment. The appellant was held guilty and convicted vide judgment pronounced on 30.04.2015.
4. Before he could be heard on the quantum of the sentence, the appellant moved an application on 30.04.2015 u
A judgment of conviction is final, and a new presiding officer must only hear the accused on sentencing, not on the conviction itself.
Point of Law : Non-compliance of Section 235 (2) Cr.PC can be rectified at the appellate stage as well, by providing meaningful opportunity.
Death sentence – Obligation of Court to conduct separate hearing on issue of sentence – Meaningful, real and effective hearing must be afforded to accused, with opportunity to adduce material relevan....
A retrial ordered in an appeal against conviction is impermissible without a request from the convict, reaffirming that appellate courts cannot enhance sentences absent an appeal from other parties.
The court clarified that a dismissal for default does not amount to a final order, allowing recall and reinstatement for hearings on merits under inherent powers of the High Court.
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