Supreme Court of India

B.A. Umesh v. Registrar General, High Court of Karnataka

Neutral citation

Reported as [2016] 5 S.C.R. 438

Bench Ranjan Gogoi J.

Decided 3 October 2016

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

3 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the view that age of 30 years (at the time of incident), in the present facts and circumstances of the case cannot be a ground to show any kind of leniency on sentence.

Judgment, page 13

From the headnote

Code of Criminal Procedure, 1973: s.235(2) - Hearing on question of sentence - Plea that no separate date for hearing on sentence was given by trial court as such for violation of s.235(2), sentence of death cannot be affirmed - Held: There is no mandate in s.235(2) to fix separate date for hearing on sentence - It depends on the facts and circumstances as to whether a separate date is required for hearing on sentence or parties feel convenient to argue on sentence on the same day - As such, merely for the reason that no separate date is given for hearing on the sentence, the review petition

Authorities it was built on

2014 Mohd. Arif @ashfaq v. He Registrar, Supreme Court of India & Ors. cited by 20
1999 Suthenthiraraja@ Santhan and Ors. Etc. Etc. v. State through Dsp/cbi, Sit, Chennai Etc. Etc. cited by 8
2013 Deepak Rai v. State of Bihar cited by 3

Where later benches applied it

2020 Shatrughna Baban Meshram v. State of Maharashtra relied on
2019 Accused 'x' v. State of Maharashtra relied on
2017 Vasanta Sampat Dupare v. State of Maharashtra relied on

Of those, 3 relied on

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