While giving its verdict in a 22-year-old case, the Supreme Court has said that if a complainant or the state government has not appealed to increase the sentence of the convict in a case, then the High Court cannot take a decision on its own and increase the sentence.
The Supreme Court gave this verdict in a 2003 case on the appeal of a person named Nagarajan. On 11th July 2003, Nagarajan was accused by his female neighbour that he had entered her house and tried to rape her. The very next day, the woman committed suicide with her child.
The trial court had convicted Nagarajan under Section 354 and Section 448, but acquitted him of Section 306, which is imposed for abetment to suicide. Still, the High Court held him guilty for this and increased his sentence.
Delivering the judgment after Nagarajan’s appeal to the Supreme Court, Justice Nagarathna said, “As per CrPC, the power to enhance sentence exists only when the State, victim or complainant appeals and after the accused has been given an opportunity to present his side.”
