An appellate court cannot enhance the sentence in an appeal filed by the convict, as it violates the principle of fairness and the statutory scheme under Section 386(b)(iii) Code of Criminal Procedure (CrPC), which prohibits enhancement in such appeals, says the Supreme Court ( SC) in Sachin v State Of Maharashtra [2025 INSC 518].
The power to enhance the sentence can be exercised by the appellate court only in an appeal filed by the State, victim or complainant, provided the accused has had an opportunity of showing cause against such enhancement.
For enhancement of sentence in an appeal filed either by the State or the complainant or the victim, the CrPC provides that the appellate court can reverse the finding and sentence and acquit or discharge the accused or order him to be retried by a court competent to try the offence or alter the finding by maintaining the sentence or with or without altering the finding, alter the nature or the extent, of the sentence, but not so as to enhance the same.
The appellate court shall not inflict greater punishment for the offence which in its opinion the accused has committed, than might have been inflicted for that offence by the court passing the order of sentence under appeal.
Reference
- Sachin v State of Maharashtra [2025 INSC 518]
