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.

Criminal LawSupreme Court of India

Charming Rupon v. State of Meghalaya

The Supreme Court acquitted the accused, finding the prosecution's case riddled with serious doubt. Both the victim and her cousin (a key witness) admitted in cross-examination that they could not identify the accused and that his name had been supplied to them by the victim's mother, raising a strong suspicion of tutoring, especially since the victim admitted she had been coached by the public prosecutor before testifying. The mother's own conduct (not reacting urgently despite being told of the assault, and material facts missing from the belated FIR) was found "unnatural." A crucial witness, the school teacher whose disclosure triggered the FIR, was never examined, without explanation, warranting an adverse inference against the prosecution. The Court also noted that two medical witnesses were never meaningfully cross-examined because the defence counsel was absent on the relevant dates, and that the trial court had wrongly brushed aside credible alibi evidence led by the accused.

Decided 9 Oct 2026Read case
Criminal LawSupreme Court of India

Ramkrushna Prahllad Dongardive v. The State of Maharashtra

The Supreme Court restored the trial court's acquittal. It found that the prosecution never produced the original cashbooks, daily registers, or audit reports that would have actually proven the appellant was entrusted with and misappropriated the money: the investigating officer himself admitted these documents were never shown to him despite being asked for. The department also failed to produce records the appellant had specifically sought in his own defence. Separately, the search and seizure of documents from the appellant's house was legally doubtful, since both independent witnesses to the seizure turned hostile and denied knowing its contents, and the mandatory procedural safeguards for such a seizure were not followed. The Court also flagged that the High Court convicted the appellant for the very first time on appeal without ever hearing him on the question of sentence, which the law required it to do.

Decided 8 Oct 2026Read case
Criminal LawDelhi High Court

Gurpreet Singh vs. State (NCT of Delhi)

The Court accepted that the order recalling the proclaimed offender status be placed on record. Noting that the complainant was untraceable and the prosecution itself raised no serious objection to anticipatory bail, the Court found no reason to deny the applicant liberty. It granted anticipatory bail, directing release on a personal bond of Rs. 20,000 with one surety in the event of arrest.

Decided 7 Oct 2026Read case
Criminal LawDelhi High Court

Mukesh Rani vs. Narcotics Control Bureau

The Court noted the investigation was complete, the chargesheet was filed, the co-accused had already been granted bail, and the combined quantity recovered (1.976 kg) still fell short of the "commercial quantity" threshold under the NDPS Act. With ten witnesses yet to be examined and no indication the trial would conclude quickly, the Court found continued detention unnecessary and granted regular bail on a personal bond of Rs. 50,000 with standard conditions.

Decided 7 Oct 2026Read case
Criminal LawDelhi High Court

Aakash vs. State Govt. of NCT of Delhi and Anr.

The Court noted that all prosecution witnesses, including the complainant and the guest house manager, had already been examined, and that a co-accused in the same FIR had already been granted bail. Given the complainant's own testimony about voluntary association with the petitioner and the completed trial evidence, the Court found the overall facts favoured bail. It granted regular bail on a personal bond of Rs. 50,000 with standard conditions (reporting to police weekly, not influencing witnesses, providing address/mobile details).

Decided 7 Oct 2026Read case
Criminal LawDelhi High Court

Kundan Kumar vs. State NCT of Delhi & Anr.

The Court relied on earlier Delhi High Court rulings holding that whether a broken promise of marriage was "false" from the outset (criminal) or a mere "breach" (not criminal) is a question for trial, not something requiring custodial interrogation. Noting the investigation was complete and the applicant had no prior criminal record, the Court granted regular bail on a personal bond of Rs. 25,000 with conditions, clarifying the order was not an opinion on the merits.

Decided 7 Oct 2026Read case