CHANDRAKANT PATIL versus STATE THROUGH CBI

CHANDRAKANT PATIL versus STATE THROUGH CBI

The Supreme Court, exercising its appellate and plenary powers read with Article 142 of the Constitution, may enhance the sentence for doing complete justice even in the absence of a Government appeal specifically for enhancement under Section 19 of TADA. The right to plead for acquittal upon notice of enhancement is confined to appeals by Government to the High Court under Section 377(3) CrPC and does not apply to Supreme Court appeals. Given the gravity of the offence, the sentence of five years imposed was held inadequate and enhanced to ten years of rigorous imprisonment for each accused.

Parties
Appellant: Chandrakant Patil; Respondent: State Through CBI
Jurisdiction
India
Judgment Date
02 February 1998
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence, Post Confirmation of Conviction, Consideration of Sentence Enhancement
Outcome
Appeals disposed of. Sentence enhanced.
Legal Topics
Appeal, Sentence Enhancement, Supreme Court Powers, Terrorist and Disruptive Activities (prevention) Act, 1987, Article 142 of Constitution
Criminal Law Constitutional Law Appeal Sentence Enhancement Supreme Court Powers Terrorist and Disruptive Activities (prevention) Act, 1987 Article 142 of Constitution

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Parties

Chandrakant Patil

Appellant

State Through CBI

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence, Post Confirmation of Conviction, Consideration of Sentence Enhancement

Legal Issues

  1. 1 Whether the Supreme Court can enhance sentence in a statutory appeal under Section 19 of TADA without an appeal by the Government specifically for enhancement
  2. 2 Whether the accused has a right to plead for acquittal at the stage of notice for enhancement of sentence under Section 377(3) CrPC
  3. 3 Scope and ambit of powers under Article 142 of the Constitution

Ratio Decidendi

The Supreme Court, exercising its appellate and plenary powers read with Article 142 of the Constitution, may enhance the sentence for doing complete justice even in the absence of a Government appeal specifically for enhancement under Section 19 of TADA. The right to plead for acquittal upon notice of enhancement is confined to appeals by Government to the High Court under Section 377(3) CrPC and does not apply to Supreme Court appeals. Given the gravity of the offence, the sentence of five years imposed was held inadequate and enhanced to ten years of rigorous imprisonment for each accused.

Court Disposition

Appeals disposed of. Sentence enhanced.

Orders

  • Sentence for all four accused enhanced from 5 years to 10 years rigorous imprisonment under Section 5 of TADA.