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B. V. NAGARATHNA, N. KOTISWAR SINGH
Amar Sardar – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
1. Leave granted.
2. The appellant herein is aggrieved by the judgment dated 15.05.2024 passed in C.R.A. 111/2019 by the High Court of Calcutta vis-a-vis not only on the merits of the said judgment but also the approach of the High Court in considering the Criminal Appeal filed by the appellant herein.
3. The appellant was charged with offences under Sections 376, 511, 354 of the Indian Penal Code, 1860 (for short “IPC”). The learned Additional District and Sessions Judge, Fast Track, 3rd Court, Howrah by judgment dated 07.01.2019 convicted the appellant herein and sentenced him to rigorous imprisonment for a period of two years with fine of Rs. 2,000/- and in default simple imprisonment for a period of one month with regard to Section 354 of the IPC, and also, sentenced him to rigorous imprisonment for a period of seven years with fine of Rs. 10,000/- and in default simple imprisonment for a period of three months for the offence punishable under Sections 376 and 511 of the IPC. The sentences are to run concurrently.
4. Being aggrieved by the judgment and sentences imposed by the Fast Track Court, the appellant herein preferred C.R.A. 111/2019. By the impugned judgment, the
Appellate courts must independently evaluate evidence and provide clear reasoning for decisions, especially in cases affecting personal liberty.
Points Of Law : Once appeal is entertained against order of acquittal, High Court is entitled to re-appreciate the entire evidence independently and come to its own conclusion - High Court would be j....
(1) Once appeal is entertained against order of acquittal, High Court is entitled to reappreciate entire evidence independently and come to its own conclusion.(2) Against an order of acquittal passed....
The court ruled that once a judgment attains finality, it cannot be altered or reviewed except to correct clerical errors; substantive modifications require specific procedural grounds.
(1) Death sentence – On a reference for confirmation of sentence of death, High Court is under obligation to proceed in accordance with provisions of Sections 367 and 368 respectively of Cr.P.C.(2) S....
An appellate court cannot confirm a conviction and remand solely for sentencing; it must decide the appeal as a whole, including the question of probation.
:Merely because a long period has lapsed by the time appeal is decided cannot be a ground to award punishment which is disproportionate and inadequate.
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