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1 - 10 of 12 (0.17 seconds)Section 373 in The Indian Penal Code, 1860 [Entire Act]
Section 377 in The Indian Penal Code, 1860 [Entire Act]
Section 302 in The Indian Penal Code, 1860 [Entire Act]
Section 149 in The Indian Penal Code, 1860 [Entire Act]
Section 354 in The Indian Penal Code, 1860 [Entire Act]
Section 379 in The Indian Penal Code, 1860 [Entire Act]
U.J.S. Chopra vs State Of Bombay on 25 March, 1955
On
the contrary, the judgment relied upon by learned counsel
for the respondents in Chopra's case (supra) will not assist
him because in that case this Court was dealing with the
right of an accused to plead for acquittal in a statutory
appeal filed by the State for enhancement of sentence before
the High Court which is available under the Section itself.
This does not mean that this Court will be unmindful of the
principles analogous to those found in the Code including
those under Section 373(3) of the Code while moulding a
procedure for the disposal of an appeal under Article 136 of
the Constitution. Apart from the Supreme Court Rules
applicable for the disposal of the criminal appeals in this
Court, the Court also adopts such analogous principles found
in the Code so as to make the procedure a "fair procedure"
Section 386 in The Indian Penal Code, 1860 [Entire Act]
Nihal Singh And Ors vs State Of Punjab on 10 May, 1963
A perusal of this Section shows that this provision is
applicable only when the matter is before the High Court and
the same is not applicable to this Court when an appeal for
enhancement of sentence is made under Article 136 of the
Constitution. It is to be noted that an appeal to this
Court in criminal matters is not provided under the Code
except in cases covered by Section 379 of the Code. An
appeal to this Court under Article 136 of the Constitution
is not the same as a statutory appeal under the Code. This
Court under Article 136 of the Constitution is not a regular
court of appeal which an accused can approach as of right.
It is an extraordinary jurisdiction which is exercisable
only in exceptional cases when this Court is satisfied that
it should interfere to prevent a grave or serious
miscarriage of justice, as distinguished from mere error in
appreciation of evidence. While exercising this
jurisdiction, this Court is not bound by the rules of
procedure as applicable to the courts below. This Court's
jurisdiction under Article 136 of the Constitution is
limited only by its own discretion (See Nihal Singh & Ors.
v. The State of Punjab {AIR 1965 SC 26}). In that view of
the matter, we are of the opinion that Section 373(3) of the
Code in terms does not apply to an appeal under Article 136
of the Constitution. We are supported in this view of ours
by a judgment of this Court in Chandrakant Patil etc. v.
State through CBI etc. (1998 3 SCC 38) wherein this Court
while considering a similar argument held : "The right
envisaged in Section 377(3) of the present Code shall be
confined to appeals presented by the Government to the High
Court against sentence on the ground of its inadequacy."