Supreme Court · 2019 INSC 518 · Decided 12 April 2019
Accused 'X' v. State of Maharashtra
- Court
- Supreme Court of India
- Citation
- 2019 INSC 518 · [2019] 6 S.C.R. 1
- Case number
- CRIMINAL APPEAL No. 680/2007
- Decided
- 12 April 2019
- Bench
- N.V. RAMANA, MOHAN M. SHANTANAGOUDAR, INDIRA BANERJEE (3-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 84; CrPC Section 235(2), 465; Constitution Article 20(1), 21
Headnote
Code of Criminal Procedure, 1973 : ss. 235(2) and 465 - Pre-sentence hearing - Object and purpose of - Whether pre-sentencing hearing, if conducted on the date of conviction, is in contravention of s. 235(2) - Held: Object of s. 235(2) is to for accused to adduce mitigating circumstances - As long a purpose of s. 235(2) is met, inasmuch as the accused is afforded a real and effective opportunity to plead his case in respect of sentencing, there is no bar on pre- sentencing hearing taking place on the same day as of
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