Chambers of Ishaan Garg
Ch. No. 217, Western Wing, District & Sessions Court, Tis Hazari, New Delhi, Delhi 110054
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We have seen the three decisions to which the learned Judge has made reference and they undoubtedly support his conclusion. This decision was followed in Emperor v. Abasali Yusufalli MANU/NA/0039/1935 : A.I.R. 1935 Nag. 139 and also in Mehi Singh v. Mangal Khandu I.L.R. 39 Cal. 157; Emperor v. Muhammad Yakub Ali I.L.R. 45 All. 594; and Maung E Maung v. The King A.I.R. 1940 Rang.113. In in re Tirumal RajuA.I.R. 1947 Mad. 868 it has been held that an appellate court is not competent to impose a punishment higher than the maximum that could have been imposed by the trial court. It seems to us that these cases lay down the correct law. An appeal court is after all "a court of error", that is, a court established for correcting an error. If, while purporting to correct an error, the court were to do something which was beyond the competence of the trying court, how could it be said to be correcting an error of the trying court ? No case has been cited before us in which it has been held that the High Court, after setting aside an acquittal, can pass a sentence beyond the competence of the trying court. Therefore, both on principle and authority it is clear that the power of the appellate court to pass a sentence must be measured by the power of the court from whose judgment an appeal has been brought before it. The High Court was thus in error in sentencing the appellant to undergo imprisonment in respect of the offence under s. 392 for a period exceeding two years. Accordingly we allow the appeal partially and reduce the sentence of imprisonment in respect of the offence under s. 392 from rigorous imprisonment of four years to a period of two years. Subject to this modification we dismiss the appeal. {Para 8}
IN THE SUPREME COURT OF INDIA
Criminal Appeal No. 156 of 1963
Decided On: 30.11.1965
Jagat Bahadur Singh Vs. State of Madhya Pradesh
Hon'ble Judges/Coram:
A.K. Sarkar, J.R. Mudholkar and R.S. Bachawat, JJ.
Author: J.R. Mudholkar, J.
Citation: 1965 INSC 271, MANU/SC/0096/1965,AIR 1966 SC 945.
