Supreme Court Upholds Conviction Process, Dismisses Appeal for Fresh Hearing on Rape Case.


In Harshad Gupta v/s The State of Chhattisgarh., the appellant challenged the High Court's decision dated 13.05.2019, which denied his request for a fresh hearing on his conviction by a new Presiding Officer. The appellant was convicted on 30.04.2015 by the Trial Court under Sections 376(1) and 506 of the IPC for rape and criminal intimidation. However, before the sentencing phase, the appellant, who had been involved in a road accident, requested exemption from personal appearance, which led to several adjournments. In the meantime, the original judge, Mr. J.R. Banjara, was transferred, and a new Presiding Officer, Mr. Mohammad Rizwan Khan, took over.

 

 

The appellant argued that, due to the transfer, the new Presiding Officer should rehear the case, including the conviction, as required under Sections 353 and 354 of the Cr.P.C. The High Court disagreed and held that the new judge was only required to hear the appellant on the quantum of sentence and could pass the sentence accordingly, as the judgment of conviction had already been finalized.

The Supreme Court upheld the High Court's decision, clarifying that once the conviction was pronounced, it was final under Section 235(1) of the Cr.P.C., and the new Presiding Officer was not obligated to rehear the entire case. The Court also emphasized that the original conviction judgment met the requirements of the Cr.P.C. The appellant's request was dismissed, and the Court directed him to surrender for judicial custody and attend the sentencing hearing.


Section 376., Indian Penal Code - 1860  

Section 506., Indian Penal Code - 1860  

Indian Penal Code, 1860  

Section 235., Code of Criminal Procedure - 1973  

Section 353., Code of Criminal Procedure - 1973  

Section 354., Code of Criminal Procedure - 1973  

Code of Criminal Procedure, 1973