Supreme Court of India · 2004-09-20
Prithvi Raj And Ors vs Kamlesh Kumar And Anr
- Citation / case number
- AIR 2004 SUPREME COURT 4401
- Court
- Supreme Court of India
- Petitioner
- Prithvi Raj And Ors
- Respondent
- Kamlesh Kumar And Anr
- Author
- Arijit Pasayat
- Bench
- Arijit Pasayat, C.K. Thakker
Judgment text excerpt
The Supreme Court addressed the interpretation of Section 11 of the Probation of Offenders Act, 1958, determining that the High Court exceeded its jurisdiction by altering the nature of the offences from those found by the trial court. The Court held that under Section 11(2), the appellate authority can only set aside the order made under Sections 3 or 4 of the Act, not redefine the nature of the offence. The appeal was allowed, and the High Court's decision to remand the case for sentencing under Section 326 IPC was set aside, reaffirming the trial court's original findings.