Case Law Analysis
|Supreme Court of India
Section 235 CrPC | Accused Must Be Heard on Sentencing When Appellate Court Imposes First-Time Conviction : SC
The Supreme Court has ruled that when an appellate court reverses an acquittal and convicts an accused for the first time, it must personally hear the accused on sentencing under Section 235 CrPC - it cannot remit the matter to the trial court. This upholds the statutory right to be heard before sentence, reinforcing natural justice in appellate criminal proceedings.