Supreme Court of India · 1990-03-07
GOVIND RAMJI JADHAV vs THE STATE OF MAHARASHTRA
- Citation / case number
- SC 1990/77065
- Court
- Supreme Court of India
- Petitioner
- GOVIND RAMJI JADHAV
- Respondent
- THE STATE OF MAHARASHTRA
- Author
- S.R. PANDIAN
- Bench
- S.R. PANDIAN
Judgment text excerpt
The Supreme Court held that the High Court must issue notice and afford an opportunity to the accused before enhancing a sentence under Sections 377 and 386 of the Code of Criminal Procedure, 1973. The Court emphasized that the principles of natural justice require the accused to be heard on such matters. The appeal was allowed, and the enhancement of the appellant's sentence was set aside due to the High Court's failure to follow due process.