Deciding two connected writ petitions arising from a common Industrial Tribunal Award, the Delhi High Court set aside the Tribunal's direction granting hotel workmen a further…
Labour Laws
06/09/20264 min read
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Informative
State's Negligence To Not Appeal An Incorrect Sentencing Order Does Not Preclude High Court From Exercising Its Revisional Powers
Appeal Against Order
The Sikkim High Court has asserted its revisionary authority under Section 397 of the Code of Criminal Procedure (Cr.PC) to rectify sentencing errors by Trial Courts. \r
In a case involving gang rape, where the Trial Court sentenced the accused to 12 years' imprisonment under IPC Section 376D, which mandates a minimum of twenty years, the High Court deemed the sentence erroneous and contrary to legal provisions. Citing precedents, the Court emphasized that prescribed minimum sentences cannot be reduced. \r
It criticized the State for not appealing against the inadequate sentence but affirmed its own power under Cr.PC Sections 397 and 401 to revise and potentially enhance sentences, ensuring due process for the accused.
