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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
DEVASHIS BARUAH
Dojan Mirtha @ Rakesh Mirtha – Appellant
Versus
State of Nagaland Nagaland, Kohima – Respondent
JUDGMENT AND ORDER :
DEVASHIS BARUAH, J.
Heard Ms. Lhousino, the learned legal aid counsel appearing on behalf of the petitioner and Mr. V. Zhimomi, the learned Public Prosecutor, Nagaland.
2. The present revision application is directed against the judgment dated 28.08.2017 passed by the learned Principal District & Sessions Judge, Dimapur, Nagaland (for short, ‘the learned Trial Court’) in GR Case No.1003/16 by which the petitioner was sentenced to undergo 7 years rigorous imprisonment for offence made out under Section 326 of the Indian Penal Code (IPC) and to undergo 4 years rigorous imprisonment under Section 452 of the IPC. It was also directed that both the sentences shall run consecutively.
3. The facts of the instant case as it appears from the materials on record is that on 28.10.2016 at about 2:30 AM, the petitioner herein allegedly entered the house of his previous landlord in order to demand money as he was broke and unable to pay the rent. It was also alleged that the petitioner was serving in the house of the complainant from his age of 10 years as a helper and left their house after he got married. It was also alleged that the petitioner went to the house at 2.30 AM on
A plea of guilty cannot be the sole basis for conviction without ensuring it is voluntary and understood by the accused, particularly when the accused lacks legal representation.
Point of law : Plea of guilt – Stage - Necessity of evidence would arise only if and when the charge is not accepted. There is no reason to restrict the applicability of S. 229 of the Cr.P.C. to a pa....
The court affirmed that a guilty plea must be recorded following proper procedures, and an appellant cannot appeal conviction but may appeal sentence, including a review for procedural errors.
A guilty plea must be clear and constitute an admission of all facts constituting the offence; failure to ensure this can lead to miscarriage of justice.
Court has not entered into merits of the charge so framed at this stage. It is for the learned Sessions Judge to frame charge on the basis of charge sheet papers after following provisions of section....
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