Appellate Court Reversing Acquittal Must Itself Hear Convict on Sentence

Source: Supreme Court

Why in News? 

A Division Bench of the Supreme Court of India, comprising Justice KV Viswanathan and Justice Vijay Bishnoi, in Mukesh Kumar Yadav v. The State (UT of Andaman & Nicobar Islands) (2026), held that an appellate court which reverses an acquittal and records a conviction for the first time cannot relegate the matter to the trial court solely for the purpose of imposing sentence. 

•  The appellate court is itself obligated under Section 386(a) of the Code of Criminal Procedure, 1973 (CrPC) (Section 427 of BNSS)to hear the convict on the question of sentence and pass an appropriate sentence in accordance with law. 
• The Court set aside an order of the Calcutta High Court's Port Blair Circuit Bench, which had, after overturning the accused's acquittal, directed him to surrender before the Trial Judge for sentencing, holding such an approach to be contrary to Section 386(a) CrPC and settled judicial precedent.

What was the Background of Mukesh Kumar Yadav v. The State (UT of Andaman & Nicobar Islands) (2026) Case? 

• The appellant stood trial before a trial court in the Andaman and Nicobar Islands for offences punishable under Sections 376, 312, and 417 of the Indian Penal Code, 1860 (IPC). 
• The trial court acquitted the appellant of all charged offences by way of its judgment. 
• The State preferred an appeal against the acquittal before the High Court at Port Blair (Calcutta High Court's Port Blair Circuit Bench). 
• By the impugned order, the High Court overturned the acquittal and directed the appellant to surrender before the Trial Judge. 
• The High Court further directed that upon surrender, the Trial Judge shall take him into custody and pronounce and impose the proper sentence under Sections 376/312 IPC, after hearing on the point of sentence in accordance with law. 
• Aggrieved by this order, the accused approached the Supreme Court.

What were the Court's Observations? 

• On the Appellate Court's Duty Under Section 386(a) CrPC: The Court held that Section 386(a) CrPC expressly mandates that where an appellate court, in an appeal against an order of acquittal, finds the accused guilty, it is required to pass sentence on him according to law. The appellate court cannot, after recording a conviction, relegate the matter to the court below solely for the purpose of imposing sentence, as such a course is contrary to the express terms of Section 386(a) CrPC and the judgments of the Supreme Court. 
• On the Impermissibility of Remand for Sentencing Alone: The Court held that when it is the appellate court which convicts the accused for the first time after reversing an acquittal, it has a bounden duty to hear the convict on the question of sentence and impose an appropriate sentence itself. Relegating the matter to the trial court only for sentencing, after the appellate court has itself recorded the conviction, is legally impermissible. The Court placed reliance on Kumar Exports v. Sharma Carpets, (2009) 2 SCC 513 in affirming this position. 
• On the Calcutta High Court's Error: The Court held that the High Court committed a legal error in directing the appellant to surrender before the Trial Judge for sentencing, after having itself overturned his acquittal and recorded a conviction. Accordingly, the impugned order was set aside and the High Court was directed to fix a date for hearing the convict on the issue of sentence.

What is Section 386 of CrPC (Section 427 of BNSS)? 

Section 427 of BNSS, 2023: Powers of Appellate Court: 

• Procedure Before Deciding: The appellate court must first peruse the record and hear the appellant or his advocate, the Public Prosecutor, and in appeals under Sections 418 or 419, the accused (if appearing), before exercising its powers. 
• Dismissal: If the court finds no sufficient ground for interference, it may dismiss the appeal outright. 
• Appeal from Acquittal [Section 427(a)]: The appellate court may:  
  • Reverse the acquittal and direct further inquiry; or 
  • Order retrial or committal for trial; or 
  • Find the accused guilty and pass sentence according to law. 
• Appeal from Conviction [Section 427(b)]: The appellate court may:  
  • Reverse the finding and sentence, and acquit/discharge the accused or order retrial; or 
  • Alter the finding while maintaining the sentence; or 
  • Alter the nature or extent of the sentence, but not so as to enhance it. 
• Appeal for Enhancement of Sentence [Section 427(c)]: The appellate court may:  
  • Reverse the finding and sentence, and acquit/discharge the accused or order retrial; or 
  • Alter the finding while maintaining the sentence; or 
  • Alter the nature or extent of the sentence, so as to enhance or reduce it. 
• Appeal from Any Other Order [Section 427(d)]: The appellate court may alter or reverse such order. 
• Incidental Powers [Section 427(e)]: The court may make any amendment or consequential/incidental order that is just or proper. 
• Proviso 1 – Opportunity Before Enhancement: Sentence shall not be enhanced unless the accused has been given an opportunity to show cause against such enhancement. 
• Proviso 2 – Cap on Enhanced Punishment: The appellate court cannot inflict greater punishment than what the court whose order is under appeal could have lawfully imposed for the same offence.