MOHAMMAD SHAFI BHAT Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) JUDGMENT :- Mr. Shah has drawn my attention to S. 276, Cr. P.C. which has been incorporated in the Code vide amendment No. XXXVII of 1978, which reads :-

(2.) Plain reading of sub-Sec. (2) of said Section reveals that before awarding sentence after conviction of the accused, the Court of Session has to hear the accused on the quantum of sentence.

(3.) In the present case, learned Sessions Judge, has not followed this mandatory provision of law while awarding sentence after convicting the accused under S. 5(2) of Prevention of Corruption Act. So the appeal on this count requires acceptance. The appeal is accordingly accepted and the sentence awarded to the accused is set aside. The file is remanded back to the trial court with the direction that he will hear the person of the appellant in accordance with S. 276(2) of Cr. P.C. on the quantum of sentence.