i have to raise one dbt regarding confirmation of death sentence under sec.366 of cr.pc.whether a confirmation of death sentence to the high court be barred by a sessions judge?.plz help us with recent cases and arguments
parvathy (nil) 22 January 2010
i have to raise one dbt regarding confirmation of death sentence under sec.366 of cr.pc.whether a confirmation of death sentence to the high court be barred by a sessions judge?.plz help us with recent cases and arguments
R.R. KRISHNAA (Legal Manager) 22 January 2010
Sessions court is subordinate to high court. Once high court confirms a death sentence, the sessions court cannot change it or revise it.
parvathy (nil) 22 January 2010
can sessions court not gve confirmation of death sentence to the high court??
R.R. KRISHNAA (Legal Manager) 22 January 2010
Sessions court can pass death sentence, but that should be confirmed by high court.
Sanjeev Kuchhal (Publishers) 22 January 2010
In cases of reference made u/s 366 of Cr.P.C. for confirmation of death sentence, considering the provisions of the Code of Criminal Procedure in relation to powers of the High Court conferred under sections 367, 368 of the Code, the sessions trial could not be said to be concluded unless the reference is answered by the High Court. In other words, the proceedings of the sessions trial continue till the reference made to the High Court by the Sessions Court is finally disposed of.
DR.SANAT KUMAR DASH (Eye Specialist) 24 January 2010
MR. R.R. KRISHNAA HAS GIVEN RIGHT ANSWER. I AGREE WITH HIM.
Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429) 29 January 2010
your question is 'wheather the power of high court in regard to death sentence can be waived by the district court?' am i Right? it's simplest answer is 'no'.
Before death sentence, highcourt's confirmation is compulsary; the jail authority must send the matter (death sentence) to high court for confirmation.
The accused has also right to pyay at HC.
Daksh (Student) 10 February 2010
Dear All,
I concur with Arup.
Best Regards
Daksh