Right To File Appeal Against Conviction Is Not Mere Statutory Right; Also A Constitutional Right Of Accused : Supreme Court

The Supreme Court observed in a recent judgment that the right of an accused to file appeal against conviction is not only a statutory right but also a constitutional right.

A bench comprising Justice BV Nagarathna and Justice Satish Chandra Sharma observed :

"That a right of appeal is an invaluable right, particularly for an accused who cannot be condemned eternally by a trial judge, without having a right to seek a re-look of the Trial Court 's judgment by a superior or appellate court. The right to prefer an appeal is not only a statutory right but also a constitutional right in the case of an accused. This is because an accused has a right to not only challenge a judgment on its merits, namely, with respect to the conviction and sentence being imposed on him, but also on the procedural aspects of the trial."

"An accused can question procedural flaws, impropriety and lapses that may have been committed by the Trial Court in arriving at the judgment of conviction and imposition of sentence in an appeal filed against the same. It then becomes the duty of the appellate court to consider the appeal from the perspective of the accused-appellant therein to see if he has a good case on merits, and to set aside the judgment of the Trial Court and acquit the accused, or to remand the matter for a re-trial in accordance with law, or to reduce the sentence while maintaining the conviction or, in the alternative, to dismiss the appeal."

The Court made these observations while setting aside a High Court judgment which enhanced the sentence in Suo Motu revision while considering the convict's appeal. The Court held that suo motu revision power cannot be exercised to enhance the sentence in convict's appeal.

"In our considered view, the appellate court in an appeal filed by the accused cannot while maintaining the conviction enhance the sentence. While exercising its appellate jurisdiction, 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."

High Court Cannot Exercise Suo Motu Revision Power To Enhance Sentence In Convict's Appeal : Supreme Court