HARSHAD GUPTA versus THE STATE OF CHHATTISGARH

HARSHAD GUPTA versus THE STATE OF CHHATTISGARH

Once a judgment of conviction is pronounced in accordance with Section 235(1) Cr.P.C. the conviction stands finalized and the trial court is functus officio on conviction; a successor presiding officer who succeeds the convicting Judge need not re-adjudicate the question of conviction but must, under Section 235(2) Cr.P.C., hear the accused on the question of sentence and pass an appropriate order.

Parties
Appellant: Harshad Gupta; Respondent: The State of Chhattisgarh
Jurisdiction
India
Judgment Date
01 October 2024
Procedural Posture
Criminal Appeal / Judgment on Appeal Before the Supreme Court
Outcome
Appeal dismissed
Legal Topics
Conviction, Quantum of Sentence, Transfer of Presiding Officer, Judgment, Functus Officio, Section 235 Cr.p.c., Sections 353 and 354 Cr.p.c.
Criminal Procedure Criminal Law Conviction Quantum of Sentence Transfer of Presiding Officer Judgment Functus Officio Section 235 Cr.p.c. +1 more

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Parties

Harshad Gupta

Appellant

The State of Chhattisgarh

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Before the Supreme Court

Legal Issues

  1. 1 Whether a successor presiding officer who took charge after the judgment of conviction was pronounced is obligated to re-hear the question of conviction or only to hear on the quantum of sentence under Section 235(2) Cr.P.C.
  2. 2 Whether the judgment of conviction pronounced satisfied the requirements of Sections 353 and 354 Cr.P.C. so as to be a valid judgment under Section 235(1) Cr.P.C.

Ratio Decidendi

Once a judgment of conviction is pronounced in accordance with Section 235(1) Cr.P.C. the conviction stands finalized and the trial court is functus officio on conviction; a successor presiding officer who succeeds the convicting Judge need not re-adjudicate the question of conviction but must, under Section 235(2) Cr.P.C., hear the accused on the question of sentence and pass an appropriate order.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • The Presiding Officer presently posted in the trial Court is directed to hear the appellant on the question of sentence as early as possible but not later than one month from receipt of a copy of this Order and pass an appropriate order.