Supreme Court Clarifies Role of Appellate Courts in Sentencing

The Supreme Court emphasized that appellate courts must conduct sentencing hearings for convictions made for the first time. Reversing a lower court's acquittal, the appellate court must impose the sentence directly rather than delegating to a lower court, as per CrPC Sections 235(2) and 386(a).

The Supreme Court on Tuesday said an appellate court which convicts an accused in a criminal case for the first time has to hear him on sentence and cannot relegate the matter to a lower court.

A bench of Justices K V Viswanathan and Vijay Bishnoi made the observation while sending a matter pertaining to conviction in a rape case back to the Calcutta High Court for fresh consideration.

''A court which convicts the accused for the first time has to hear the accused on sentence. If it is a trial court then Section 235(2), CrPC, will apply. If it is the appellate court which is convicting the accused for the first time after reversing the acquittal, the appellate court has to hear the convict on sentence.

''The appellate court cannot relegate the matter to the court below only for the purpose of imposing a sentence after the appellate court had recorded a conviction. That will be contrary to Section 386(a), CrPC, and the judgments of this court,'' the bench said.

In this case, the high court after convicting the accused, instead of setting a date for hearing the accused on sentence, directed him to surrender before the trial judge.

It also directed that on his surrender the trial judge shall take him into custody and shall pronounce and impose the proper sentence under relevant sections of Indian Penal Code, after hearing on the point of sentence in accordance with law.

The top court said the appellate court should not send the matter to the trial court only for the purpose of imposing a sentence, after it finds accused guilty.

The apex court said it has a bounden duty to hear and impose an appropriate sentence.