Court : Supreme Court of India
..... . (7) for the purposes of subsection (6)(b) the following are to be disregarded (a) the requirements of section 73 of the sentencing code (reduction in sentences for guilty pleas); (b) sections 74, 387 and 388 of the sentencing code (assistance by defendants: reduction or review of sentence) and any other rule of law by virtue of which an offender may receive ..... to be the appropriate starting point for cases within that category 69 (i) before taking account of the factors mentioned in subsection (6), and (ii) assuming the offender has pleaded not guilty, and (b) where the guidelines do not describe categories of case in accordance with subsection (2), is the sentence within that range which the council considers to be the appropriate ..... (a) in an appeal from an order of acquittal, reverse such order and direct that further inquiry be made, or that the accused be re-tried or committed for trial, as the case may be, or find him guilty and pass sentence on him according to law; (b) in an appeal from a conviction (i) reverse the finding and sentence and acquit or discharge the accused, or order him to be re-tried by a court of ..... of a court's duty under section 73 of the sentencing code (reduction in sentences for guilty pleas), and (b) sentencing guidelines about the application of any rule of law as to the ..... facts agreed on by the prosecutor and the offender; and (b) must accept as proved all facts, express or implied, that are essential to a plea of guilty or a finding of guilt .....
Tag this Judgment!Court : Karnataka
..... public prosecutor who was present submitted that if accused pleads guilty, plea-bargaining can be done and punishment can be awarded. ..... provisions of the drugs and cosmetics act, 1940, the trial court had accepted the application filed by the respondent / accused and extended plea bargaining benefit, which was also approved by the complainant / state who was represented by the assistant public prosecutor in view of the fact that the accused had pleaded guilty and agreed to pay a fine of rs.10,000/- and to undergo imprisonment for one day till the rising of the court. ..... notwithstanding anything contained in section 374, where an accused person has pleaded guilty and has been convicted on such plea, there shall be no appeal,- (a) if the conviction is by a high court; or (b) if the conviction is by a court of session, metropolitan magistrate or magistrate of the first or second class, except as to the extent or legality of the sentence.10. ..... learned assistant public prosecutor submitted that if accused pleads guilty, then plea-bargaining can be done and the said benefit could be extended between the complainant and the accused and suitable sentence could be passed. ..... but the accused pleaded guilty by making an application seeking to mutually extend the benefit of plea bargaining and the same has been extended by the trial court in the presence of the assistant public prosecutor and also in the presence of the defence counsel for the accused. .....
Tag this Judgment!Court : Delhi
..... the proceedings further show the following recording under the title proceedings on plea of guilty : question to the accused: q.3 do you wish to make any statement in reference to the charge or in ..... below the guilty plea. ..... charges and the effect of his guilty plea.18. ..... be universally laid down that the plea of guilt taken by a charged officer would stand vitiated in every case where the ..... (2004) dlt268and diwan bhai v union of india manu/de/1823/2001 it was held that plea of guilt taken by the petitioner therein cannot be held to be vitiated on the ground that the document containing the plea of guilt of the petitioners does not bear the signatures of the petitioners when there is no specific legal requirement to obtain signatures of a charged officer on the plea of guilt taken by him.22. in view of the above legal position, it cannot ..... as lance naik vimal kumar singh v union of india manu/de/1512/2010 and subhash chander v union of india manu/de/1266/2008 the plea of guilt taken by the petitioners therein was held to be vitiated as the document containing the plea of guilt of the petitioners did not bear the signatures of the petitioners. .....
Tag this Judgment!Court : Delhi
..... rule 143 (2) (a) of the bsf rules mandates what should be done next and it reads as under: (2) (a) after the record of the plea of guilty on a charge (if trial does not proceed on any other charges) the court shall read the record or abstract of evidence and annex it to the proceedings, or if there is no such record or abstract, shall take and record sufficient evidence ..... ssfc is expected to examine the evidence to determine whether the guilty plea is consistent with such evidence.17. ..... is seen that the ssfc did record the guilty plea of the... ..... petitioner claims that in order to avoid the commandant s wrath, he pleaded guilty and was awarded, on 5th january, 2005, the sentence of dismissal from service by ..... the record of proceedings further reveals that the ssfc, while recording the plea of guilt, repeated verbatim the exact wording of rule 142 (2) viz ..... petitioner had pleaded guilty and the procedure outlined in the bsf rules was duly followed. ..... , that before recording the plea the ssfc ascertained that the ..... petitioner pleaded guilty, it was necessary for the ssfc to have strictly complied with the requirement of rule 148 of the bsf ..... petitioner pleaded guilty, he would be dealt with ..... petitioner to plead guilty telling him that the commandant had promised that if the ..... is not so much its failure to give reasons but the failure to strictly comply with the mandatory requirement of section 143 (2) (a) of the bsf rules, in the case of a person who is arrayed before the ssfc pleading guilty. .....
Tag this Judgment!Court : Delhi
..... it is submitted that in the instant case there is nothing to indicate that the ssfc applied its mind to the charge to decide whether it was of the nature which required a guilty plea. ..... however, we had hastened to add that a procedural default cannot be equated as a substantive default and merely because a plea of guilt does not bear the signatures of the accused is no ground to conclude in favour of the accused. ..... petitioner draws attention to rules 142 and 143 of the border security force, 1969 (bsf rules) and submits that although the proviso to rule 142 (2) requiring signatures of the accused pleading guilty to be obtained was inserted only from 29th november 2010, the judgments of this court have held that the court is bound to explain to the accused the consequences of pleading guilty and that the failure to do so would vitiate the entire proceedings. ..... the ssfc satisfied itself that the accused understands the charge to which he has pleaded guilty and shall inform him of the general effect of that plea, an in particular of the meaning of the charge to which he has pleaded guilty, and of the difference in procedure which will be followed consequent to the plea 15. ..... it was found on facts that the caution should have been extended to the petitioner at the threshold itself before recording the plea of guilty of the petitioner and not in the form of a formality post-facto after recording, if any, the evidence in respect of the fourth charge where the petitioner pleaded not guilty . .....
Tag this Judgment!Court : Supreme Court of India
..... icty also has a youtube channel where selected clips of guilty pleas, witness testimonies and short documentaries are made available. ..... the supreme court has, over the years, consistently rejected pleas to broadcast oral arguments.76 it does not allow photography of proceedings or video recordings. b. .....
Tag this Judgment!Court : Guwahati
..... but since non-guilty plea was entered by the head constable, the summary court went into the merit of the charges. ..... in the present matter, when the delinquent constable has pleaded guilty to the charge, the conclusion of the summary court is not amenable to challenge by the delinquent constable. ..... the summary court sought the response of the charged personnel when the delinquent constable pleaded guilty to the charge. ..... eventually guilty verdict was given against both the head constable and the constable. .....
Tag this Judgment!Court : Delhi
..... , dismiss the appeal, or may(a) in an appeal from an order or acquittal, reverse such order and direct that further inquiry be made, or that the accused be re- tried or committed for trial, as the case may be, or find him guilty and pass sentence on him according to law; (b) in an appeal from a conviction(i) reverse the finding and sentence and acquit or discharge the accused, or order him to be re- tried by a crl.a.nos.910, 741, 958/2008, crl. ..... offence conduct of the offender conduct of conduct of offender offender1 guilty plea/voluntary concealment, destruction or dismemberment surrender. ..... it was further observed that there were more than two dozen cases, of which three relate to the offence of murder, the usual plea of false implication by the defence has to be put on the back seat, and may have an impact on the sentencing policy, since the presence of the accused could be a continuing threat to the society and hence calls ..... a person, who caused injury due to negligence or is made vicariously liable is bound to pay compensation it is only appropriate to direct payment by the accused who is guilty of causing an injury with the necessary mens rea to pay compensation for the person who has suffered injury. ..... that subject to the provisions of section 71 ipc, court may pass separate sentences for two or more offences of which the accused is found guilty, but the aggregate punishment must not exceed the limit fixed in the proviso (a) and (b) of sub-section (2) of section 31 cr.p.c. .....
Tag this Judgment!Court : Delhi
..... , dismiss the appeal, or may(a) in an appeal from an order or acquittal, reverse such order and direct that further inquiry be made, or that the accused be re- tried or committed for trial, as the case may be, or find him guilty and pass sentence on him according to law; (b) in an appeal from a conviction(i) reverse the finding and sentence and acquit or discharge the accused, or order him to be re- tried by a crl.a.nos.910, 741, 958/2008, crl. ..... offence conduct of the offender conduct of conduct of offender offender1 guilty plea/voluntary concealment, destruction or dismemberment surrender. ..... it was further observed that there were more than two dozen cases, of which three relate to the offence of murder, the usual plea of false implication by the defence has to be put on the back seat, and may have an impact on the sentencing policy, since the presence of the accused could be a continuing threat to the society and hence calls ..... a person, who caused injury due to negligence or is made vicariously liable is bound to pay compensation it is only appropriate to direct payment by the accused who is guilty of causing an injury with the necessary mens rea to pay compensation for the person who has suffered injury. ..... that subject to the provisions of section 71 ipc, court may pass separate sentences for two or more offences of which the accused is found guilty, but the aggregate punishment must not exceed the limit fixed in the proviso (a) and (b) of sub-section (2) of section 31 cr.p.c. .....
Tag this Judgment!Court : Delhi
..... , dismiss the appeal, or may(a) in an appeal from an order or acquittal, reverse such order and direct that further inquiry be made, or that the accused be re- tried or committed for trial, as the case may be, or find him guilty and pass sentence on him according to law; (b) in an appeal from a conviction(i) reverse the finding and sentence and acquit or discharge the accused, or order him to be re- tried by a crl.a.nos.910, 741, 958/2008, crl. ..... offence conduct of the offender conduct of conduct of offender offender1 guilty plea/voluntary concealment, destruction or dismemberment surrender. ..... it was further observed that there were more than two dozen cases, of which three relate to the offence of murder, the usual plea of false implication by the defence has to be put on the back seat, and may have an impact on the sentencing policy, since the presence of the accused could be a continuing threat to the society and hence calls ..... a person, who caused injury due to negligence or is made vicariously liable is bound to pay compensation it is only appropriate to direct payment by the accused who is guilty of causing an injury with the necessary mens rea to pay compensation for the person who has suffered injury. ..... that subject to the provisions of section 71 ipc, court may pass separate sentences for two or more offences of which the accused is found guilty, but the aggregate punishment must not exceed the limit fixed in the proviso (a) and (b) of sub-section (2) of section 31 cr.p.c. .....
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