Chetram vs Ranjeet CrA 1520 of 2024 – S 374 CrPC- Criminal Appeal

Code of Criminal Procedure, 1973; Section 374 – While adjudicating an appeal against conviction and sentence, the appellate court is required to consider all the points dealt with by the trial court by independently applying its mind and re-appreciating the evidence.- Referred to Badan Singh v. State of Madhya Pradesh, (2003) 12 SCC 792 and State of Karnataka v. Papanaika. (2004) 13 SCC 180 – Referred to State of Rajasthan v. Dhool Singh, (2004) 12 SCC 546- Re: the trend of High Courts routinely reducing sentences to periods of incarceration already undergone: The courts should bear in mind that there is a requirement in law that every conviction should be followed by an appropriate sentence within the period stipulated in law. Discretion in this regard is not absolute or whimsical. It is controlled by law and to some extent by judicial discretion, applicable to the facts of the case. Therefore, there is a need for the courts to apply its mind while imposing sentence. (Para 5-7)

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