B. V. NAGARATHNA, SATISH CHANDRA SHARMA
Nagarajan – Appellant
Versus
State of Tamil Nadu – Respondent
JUDGMENT :
B.V. NAGARATHNA, J.
1. Leave granted.
2. Being aggrieved by the common impugned order dated 29.11.2021 passed by the High Court of Judicature at Madras Bench at Madurai dismissing the Criminal Appeal preferred by the appellant being Crl. A. (MD) No. 137/2015 and allowing the suo motu revision being Crl. R.C. (MD) No. 248/2015 thereby convicting the appellant under Sections 306 and 448 of the Indian Penal Code, 1860 (hereinafter referred to as “IPC”) the present Criminal Appeals have been filed by the appellant (accused).
3. Briefly stated, the facts of the case are that the appellant was the neighbour of the deceased Smt. Mariammal. On the night of 11.07.2003, the appellant entered the room of the deceased and while hugging her, attempted to outrage her modesty. Upon hearing the disturbance, the mother-in-law of the deceased intervened and scolded the appellant, who then fled from the premises. The next day i.e., on 12.07.2003, at around 5:00 A.M. the mother-in-law of the deceased found the deceased and her infant daughter missing from the house. Thereafter, she searched for them and enquired about their whereabouts from the deceased’s father. It was later revealed that in t
Sachin vs. State of Maharashtra, Criminal Appeal Nos. 2073-2075 of 2025
Appeal/Revision against conviction – Right to prefer appeal is not only a statutory right but also a constitutional right – Accused has right to not only challenge a judgment on its merits but also o....
The appellate court cannot enhance a convict's sentence when the appeal is filed by the convict and no appeal for enhancement has been filed by the state or victim, violating rights under natural jus....
(1) No revision shall be entertained at instance of victim against order of acquittal in a case where no appeal is preferred and victim is to be relegated to file appeal.(2) Right provided to victim ....
The victim's right to appeal is restricted by statute, and a revision for sentence enhancement is permissible without prior appeal against acquittal; principles of proportionality in sentencing were ....
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 emphasized that it is not permissible to enhance the sentence more than the maximum provided under the Act for the lesser offence of which the person was found guilty.
The appellate court cannot enhance a sentence based solely on a complainant's appeal, as per the Cr.P.C. provisions.
Infructuousness of the Criminal Revision for enhancement of sentence due to the allowance of the Criminal Appeals.
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