Summary
Short order under Article 142. The High Court's judgment and orders, and the Special Court's consequent order sentencing the appellant to life imprisonment in a POCSO case, were set aside as erroneous. Since the appellant had already served over eleven years against the original seven-year sentence, the Court restored the original sentence and ordered his immediate release instead of remanding the pending appeal.
Issues
- Whether, after setting aside the erroneous High Court orders and the consequent enhanced sentence of life imprisonment, the appellant's pending criminal appeal should be remanded to the High Court or concluded by the Supreme Court under Article 142.
Provisions considered
- Article 142, Constitution of IndiaInvoked to do complete justice: instead of remanding Criminal Appeal No. 30/2015 to the High Court for rehearing on the original sentence, the Court restored the original seven-year sentence and directed release, because the appellant had already undergone more than that sentence. (¶ 5)
Held
- The impugned High Court judgment dated 26.02.2016 and the subsequent orders, together with the Special Court's consequential order dated 28.04.2016 convicting and sentencing the appellant to life imprisonment with fine, were found erroneous and set aside; the Special Court's original judgment convicting the appellant and imposing seven years' rigorous imprisonment survives. (¶¶ 3, 4)
- Where the appellant has undergone eleven years and eight months of actual incarceration against an original sentence of seven years, the ends of justice are met by exercising power under Article 142 to restore the original sentence and release him forthwith, rather than remanding the pending criminal appeal for rehearing; the appeal pending before the High Court is rendered infructuous. (¶¶ 5, 6)
Result
Appeals allowed; impugned High Court judgment and orders and the Special Court's order dated 28.04.2016 set aside; original seven-year sentence restored under Article 142; Criminal Appeal No. 30/2015 before the Bombay High Court (Nagpur Bench) disposed of as infructuous; State and Superintendent, Nagpur Central Jail directed to release the appellant forthwith.