Supreme Court Criticized High Court for Convicting Appellant Without Hearing Advocate

07 May 2024 8:19 AM

By: Admin

In a recent judgment, the Supreme Court of India has come down heavily on the High Court for convicting an appellant without allowing the appellant's advocate to present their case. The judgment, delivered on October 9, 2023, by a bench comprising Justices Abhay S. Oka and Pankaj Mithal, highlights a glaring violation of principles of natural justice.

The appellant, Chandra Pratap Singh, had appealed against his conviction under Sections 302 and 201 of the Indian Penal Code (IPC). However, during the proceedings in the High Court, the appellant's advocate was conspicuously absent. This oversight, as noted by the Supreme Court, amounted to a gross illegality. The court stated, "High Court has committed illegality by deciding the appeal against the conviction preferred by the appellant without hearing the appellant or his advocate."

The High Court had also altered the charge against the appellant, convicting him under Section 302 read with Section 34 of IPC, without providing the necessary notice to the appellant or their advocate. This alteration was found to have caused prejudice to the appellant, further emphasizing the violation of natural justice.

The judgment also underscored the requirement of notice to accused persons when altering or adding charges in appellate proceedings. The Supreme Court stated, "Unless the accused was put to notice by the Appellate Court that the charge is intended to be altered in a particular manner, his advocate cannot effectively argue the case."

While the appellant's conviction under Section 302 read with Section 34 of IPC was set aside due to the absence of evidence supporting common intention among the accused, the conviction for causing the disappearance of evidence (Section 201 IPC) was upheld based on consistent eyewitness testimony.

This significant judgment serves as a reminder of the paramount importance of adhering to principles of natural justice and ensuring that accused individuals have the opportunity to be heard and represented adequately in court proceedings.

Date of Decision: October 9, 2023

Chandra Pratap Singh vs State of M.P.