Supreme Court of India · 1969-09-08
SHANKAR KERBA JADHAV & ORS. vs STATE OF MAHARASHTRA
- Citation / case number
- SC 1969/60098
- Court
- Supreme Court of India
- Petitioner
- SHANKAR KERBA JADHAV & ORS.
- Respondent
- STATE OF MAHARASHTRA
- Bench
- MITTER, G.K.
Judgment text excerpt
The Supreme Court held that under Section 417 and Section 423(1)(a) of the Code of Criminal Procedure, the High Court has the authority to impose a sentence that the Magistrate could have originally imposed, even if it is higher than what the Magistrate actually imposed. The Court clarified that the terms 'according to law' and 'authorised by law' do not limit the High Court's powers but rather define the scope of its jurisdiction. The appeal was allowed, and the High Court's enhanced sentences were upheld as they fell within the permissible limits of the Magistrate's sentencing authority.