Supreme Court of India · 2003-08-05
STATE (GOVT. OF N.C.T. OF DELHI) vs PREM RAJ
- Citation / case number
- SC 2002/16431
- Court
- Supreme Court of India
- Petitioner
- STATE (GOVT. OF N.C.T. OF DELHI)
- Respondent
- PREM RAJ
- Author
- ARIJIT PASAYAT
- Bench
- ARIJIT PASAYAT. DORAISWAMY RAJU
Judgment text excerpt
The Supreme Court examined the validity of the High Court's exercise of power under Section 433(c) of the Code of Criminal Procedure, 1973, in the context of a corruption case under the Prevention of Corruption Act, 1988. The Court held that while the High Court's direction to enhance the fine and recommend commutation of the sentence was not strictly within its powers, it was permissible given the unique circumstances of the case, including the respondent's long trial and impending retirement. The Court ultimately upheld the High Court's decision, emphasizing the need for justice and discretion in sentencing.