07 May 2020

Accused can challenge the sentence in an appeal filed by State for inadequacy of sentence

Can a convicted person; without filing an appeal, challenge his conviction, in an appeal filed by the State on the ground of inadequacy of sentence?

 Held: Yes

It is open to accused to challenge the finding and order of conviction recorded against him in the appeal filed by the State?

    In an appeal filed by the State; against the sentence, on the ground of its inadequacy, the accused can plead for his acquittal or for reduction of the sentence. [Para No.6]

Supreme Court of India

The State Of Rajasthan
MehRam and others

Decided on 06/05/2020

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