The Supreme Court held that the appellate court cannot enhance the sentence in cases where the appeal is filed by the accused.
The appellant trespassed into the house of his neighbour and hugged her. She later committed suicide. The Trial Court convicted the appellant under Sections 354 and 448 of Indian Penal Code, 1860 and acquitted him of the charge under Section 306 of IPC. The High Court dismissed his appeal against his conviction. Using its suo moto Criminal Revision Petition, it convicted the appellant under Sections 306 and sentenced him with rigorous imprisonment for five years.
The Supreme Court held that the High Court cannot act as a revisional court, particularly when no appeal or revision has been filed either by the State, victim or complainant for seeking enhancement of sentence against accused. No appellant, by filing an appeal, can be made worse-off than what he was.
Nagarajan v State of Tamil Nadu
4 June 2025
Citations: 2025 INSC 802 | 2024 SCO.LR 6(1)[2]
Bench: Justices B.V. Nagarathna and S.C. Sharma
Read the Judgement here.
Case Comment:
In the instant case, the appellant/accused herein had filed the appeal against the conviction and sentence imposed by the Trial Court for the offences punishable under Sections 354 and 448 of IPC. Insofar as Section 306 of IPC is concerned, the Trial Court had acquitted the appellant. Being aggrieved by the said conviction under Sections 354 and 448 of IPC, the appellant had filed the appeal before the High Court. Neither the State, nor the victim or complainant had sought for enhancement of sentence, or sought for conviction and sentence under Section 306 of IPC before the High Court when the appellant had filed his appeal seeking setting aside of his conviction and sentence. The High Court, instead of considering the said appeal filed by the appellant on merits, sought to exercise suo motu revisional powers for convicting the appellant under Section 306 of IPC also and thereby sentencing the accused to undergo rigorous imprisonment for five years and to pay a fine of Rs. 5,000/- and in default, to undergo simple imprisonment for three months. The sentences were to run concurrently. Thus, a conviction awarded for offences under Sections 354 and 448 of IPC has also resulted in a conviction under Section 306 of IPC and an enhanced sentence, that too, in an appeal filed by none other than the appellant.
Held, We are of the view that in an appeal filed by the accused/convict and in the absence of any appeal filed by the victim, complainant or the State, the High Court cannot exercise suo motu revision either to enhance the sentence or to convict the appellant on any other charge. The reasons for coming to such a conclusion have been discussed above.
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Key word/phrases: High Court overruled—Charge of trespass and outraging of modesty—Trial Court convicts accused for trespass and outraging of modesty—finds evidence insufficient for abetment of suicide—High Court uses its suo moto revisional powers—finds appellant guilty and enhances sentence—Supreme Court finds High Court has no such power