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Supreme Court of India

Accused 'x' v. State of Maharashtra

Neutral citation
Reported as [2019] 6 S.C.R. 1
Bench N.V . Ramana, Mohan M. Shantanagoudar and Indira Banerjee JJ.
Decided 12 April 2019

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.

4 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the opinion that as long as the spirit and purpose of Section 235(2) is met, inasmuch as the accused is afforded a real and effective opportunity to plead hi s case with respect to sentencing, whether simply by way of oral submissions or by also bringing pertinent material on record, there is no bar on the ACCUSED ‘X’ v.

Judgment, page 25

From the headnote

Code of Criminal Procedure, 1973 : ss. 235(2) and 465 – Pre-sentence hearing – Object and purpose of – Whether pre-sentencing hearing, if conduct ed on the date of conviction, is in contravention of s. 235(2) – He ld: Object of s. 235(2) is to provide an opportunity for accus ed to adduce mitigating circumstances – As long a purpose of s. 2 35(2) is met, inasmuch as the accused is afforded a real and effective oppor tunity to plead his case in respect of sentencing, there is no bar on pre- sentencing hearing taking place on the same day as of convic tion – Even assuming that a procedural

Authorities it was built on

Where later benches applied it

Of those, 4 referred to

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