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september 2004

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.

Prithvi Raj And Ors vs Kamlesh Kumar And Anr · Niyam