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Supreme Court of India · 01/10/2024

HARSHAD GUPTA versus THE STATE OF CHHATTISGARH

[2024] 10 S.C.R. 701 · 2024 INSC 776

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Summary

Once a trial judge has pronounced a judgment of conviction under Section 235(1) CrPC, the court is functus officio on conviction; a successor presiding officer only hears the accused on sentence under Section 235(2) and cannot be required to rehear the case on conviction. The appeal was dismissed and sentencing directed within a month.

Issues

  1. Whether, after the judge who pronounced the conviction is transferred, the successor presiding officer must rehear the accused on conviction as well as on sentence.
  2. Whether the judgment of conviction failed to satisfy Sections 353 and 354 CrPC so that there was no judgment in law under Section 235(1).

Provisions considered

Held

Result

Appeal dismissed. The trial court was directed to hear the appellant on sentence within one month of receiving the order; the appellant was directed to surrender on 04.11.2024 and be produced on the sentencing dates.

Judgment PDF: Supreme Court of India, [2024] 10 S.C.R. 701.