Accused Must Be Heard Before Sentencing

The Supreme Court examined the procedure followed by the Calcutta High Court, Circuit Bench at Port Blair, after it reversed an acquittal and convicted the appellant under Sections 376 and 312 IPC. The issue before the Court was narrow but important: whether the accused had to be heard on the question of sentence before the conviction could be carried through in accordance with law.

The High Court had set aside the acquittal dated 24.04.2024 and recorded a conviction. It then directed the appellant to surrender before the Trial Judge, who was to take him into custody and impose sentence after hearing on the point of sentence. The Supreme Court found this procedure incongruous. The Court noted that Section 235(2) CrPC requires the Judge, after conviction, to hear the accused on the question of sentence and then pass sentence according to law, unless the case proceeds under Section 360 CrPC.

The judgment reiterates the settled rationale behind Section 235(2). The Court referred to Allauddin Mian v. State of Bihar and explained that the hearing on sentence is meant to satisfy natural justice. Sentencing involves a range of judicial discretion, and fairness requires that the accused be asked whether he has anything to say before punishment is fixed.

On that basis, the Supreme Court held that the High Court should have fixed a date for hearing the convict on sentence after recording conviction. Instead, the matter was remitted to the High Court. The appeals before the High Court, CRA (DB)/6/2024 and CRA (DB)/4/2024, were restored to its file. The High Court has now been directed to hear the convict on the issue of sentence and then impose an appropriate sentence in accordance with law. Only after that stage would the appellant be at liberty to challenge the conviction and sentence afresh.

The Court also clarified that the rest of the High Court judgment was not examined at this stage because it would be premature to do so before sentencing is completed.

Practical takeaway: In conviction appeals, sentencing cannot be treated as a formality, the accused must be heard on sentence under Section 235(2) CrPC before the court proceeds further.