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Criminal LawSupreme Court of India

Mukesh Kumar Yadav v. The State (UT of Andaman & Nicobar Islands)

Criminal Appeal · 2026 INSC 559Decided 26 May 2026
Crl.A. No.-002863-002864 - 2026
Justice K. V. Viswanathan · Justice Vijay Bishnoi · Justice Vipul M. Pancholi

Background

The appellant was tried before the Sessions Judge, Andaman and Nicobar Islands for offences under Sections 376 (rape), 312 (causing miscarriage) and 417 (cheating) IPC, and was acquitted of all charges. On appeal by the State and the victim, the Calcutta High Court (Circuit Bench, Port Blair) reversed the acquittal, convicted the appellant under Sections 376 and 312 IPC, but instead of hearing him on sentence itself, directed him to surrender before the Trial Judge who would then hear him on sentence and impose punishment. The Supreme Court noticed this unusual procedure and issued notice specifically on whether it was legally correct.

Decision Breakdown

The Supreme Court held that when an appellate court convicts an accused for the first time after reversing an acquittal, it is that appellate court itself, not the trial court, which must hear the convict on sentence and impose it, under Section 386(a) of the CrPC. Delegating the sentencing exercise to the trial court, as the High Court did, was held to be an error and contrary to settled law. The Court set aside only that portion of the High Court's judgment directing the trial judge to pronounce sentence, while leaving the finding of conviction itself untouched at this stage as "premature" to review further. The matter was remitted to the High Court, which was directed to fix a date to hear the appellant on sentence and pass appropriate orders, after which the appellant would be free to challenge the conviction and sentence afresh. The appeals were thus partly allowed.

Lesson Learnt

When a higher court overturns an acquittal and convicts a person for the first time on appeal, that same court, not a lower court, is legally required to hear the person on sentencing and pass the sentence itself; it cannot pass that responsibility down the chain.

Mukesh Kumar Yadav v. The State (UT of Andaman & Nicobar Islands) – Legal Case Shots | LegalAware