Supreme Court · 2016 INSC 943 · Decided 3 October 2016
Vikas Yadav v. State of U.P. and ORS. ETC. ETC.
- Court
- Supreme Court of India
- Citation
- 2016 INSC 943 · [2016] 8 S.C.R. 872
- Case number
- CRIMINAL APPEAL No. 1531/2015
- Decided
- 3 October 2016
- Bench
- DIPAK MISRA, C. NAGAPPAN (2-judge bench)
- Outcome
- Disposed off
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302; CrPC Section 433; Constitution Article 71an, 161
Headnote
Sentence/Sentencing: Fixed term sentence - Imposition of, permissibility - Held: It C is within the domain of judiciary to direct that convict shall suffer actual incarnation for a specific period- Fixed term sentence cannot be said to be unauthorised in law. Principle of sentencing - Held: The impose a sentence beyond the competence of the trial court - If the D trial court has no jurisdiction to impose a particular sentence, the High Court as a "Court of error" cannot pass a different harsher sentence. Sentencing in multiple offences - Concurrent or consecutive - In the
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