Sir if a judge intentionally gives more jail terms than what was mentioned in law at force (for ex: for an offence having a maximum jail term of 3yrs, the judge gives 4yrs) then can the judge be punished for giving excess punishment?
Latter part of Art 20(1) cleary says 'no greater penalty'.
20. Protection in respect of conviction for offences:
(1) No person shall be convicted of any offence except for violation of the law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence.
(2) No person shall be prosecuted and punished for the same offence more than once.
(3) No person accused of any offence shall be compelled to be a witness against himself.
In our case police booked us u/s IPC 306 r/w 116 (abettment of suicide but the party was saved in hospital) and sec 3(2)(v) of sc/st act.
According to IPC 306 r/w 116 the maximum sentence that can be awarded was only 2.5 yrs. But the sessions judge intentionally gave judgement as 5 yrs. It strictly violates article 20(1) of Ind constitution.
Moreover, prior to invoke sec 3(2)(v) of sc/st act the accused must get convicted for atleast 10yrs under IPC. Thats the definition of this sec. But the judge vengenfully gave life imprisonment for us. Now we are in high court bail.
Plz help us legally sir. Can i proceed against the judge according to sec 219 IPC.
