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march 1990

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.

GOVIND RAMJI JADHAV vs THE STATE OF MAHARASHTRA · Niyam