Power of High Court to confirm sentence or annul conviction
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Summary
When a case is sent up under the earlier provision, the High Court can confirm the sentence, pass any other lawful sentence, set aside the conviction, convict for any offence a Sessions Court could have convicted for, order a new trial on the same or an amended charge, or acquit. It cannot confirm a sentence until the time allowed for appeal has expired or any appeal filed is disposed of.
Example
Priya was convicted of theft and her case was sent to the High Court for confirmation. The High Court found flaws in the trial and annulled the conviction, ordering a new trial on an amended charge. Priya therefore gets a fresh trial instead of the original sentence being confirmed.
Bare Act
Enacted textIn any case submitted under section 366, the High Court,-
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(a) may confirm the sentence, or pass any other sentence warranted by law, or
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(b) may annul the conviction, and convict the accused of any offence of which the Court of Session might have convicted him, or order a new trial on the same or an amended charge, or
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(c) may acquit the accused person:
Provided that no order of confirmation shall be made under this section until the period allowed for preferring an appeal has expired, or, if an appeal is presented within such period, until such appeal is disposed of.
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