Supreme Court Dismisses Review Petition in IPC Offences Case — No Error Apparent on Record. The court found no grounds to interfere with the conviction and sentence under Sections 376, 302, and 309 of IPC.

  • 0
Judgement Image
Font size:
Print

Case Note & Summary

The case involved a Review Petition filed by the petitioner against the conviction and sentence imposed for offences under Sections 376, 302, and 309 of the Indian Penal Code (IPC). The petitioner was found guilty by the Trial Court, and this conviction was subsequently affirmed by the High Court. Following the dismissal of the Special Leave Petition by the Supreme Court, the petitioner sought to review the decision. The Supreme Court condoned the delay in filing the Review Petition and examined the grounds presented. However, the court did not find any error apparent on record that would justify interference with the earlier judgments. Consequently, the Review Petition was dismissed, affirming the previous decisions without any modification.

Headnote

A) Criminal Law - Review Petition - Error Apparent on Record - Code of Criminal Procedure, 1973, Section Not mentioned - The court examined the grounds raised in the Review Petition and found no error apparent on record to justify interference with the conviction and sentence. The Review Petition was dismissed as the previous decisions were upheld. Held that the grounds did not warrant reconsideration (Paras Not mentioned).

Subscribe to unlock Headnote Subscribe Now

Issue of Consideration

Whether there was an error apparent on record to justify interference in the conviction and sentence.

Subscribe to unlock Issue of Consideration Subscribe Now

Final Decision

The Review Petition was dismissed as the court found no error apparent on record to justify interference with the conviction and sentence.

Law Points

  • Review petitions
  • error apparent on record
  • conviction affirmation
  • delay condonation
Subscribe to unlock Law Points Subscribe Now

Case Details

2022 LawText (SC) (11) 183

Review Petition (CRL.) No. of 2022

2022-11-01

Uday Umesh Lalit, Sanjiv Khanna

Korukanti Kumar

State of Andhra Pradesh

Subscribe to unlock Case Details (Citation, Judge, Date & more) Subscribe Now

Nature of Litigation

Review Petition against conviction and sentence.

Remedy Sought

Petitioner sought to overturn the conviction.

Filing Reason

To challenge the affirmation of conviction by the High Court.

Previous Decisions

Conviction and sentence affirmed by the Trial Court and High Court.

Issues

Existence of error apparent on record Justification for interference in conviction

Submissions/Arguments

Petitioner argued for reconsideration of the conviction. State maintained that the conviction was rightly upheld.

Ratio Decidendi

The court held that a review petition requires an error apparent on record for interference, which was not found in this case.

Judgment Excerpts

Delay in filing Review Petition is condoned. We have gone through the grounds raised in the Review Petition and do not find any error apparent on record to justify interference.

Procedural History

The petitioner was convicted by the Trial Court, the conviction was affirmed by the High Court, and the Special Leave Petition was dismissed by the Supreme Court before the filing of the Review Petition.

Acts & Sections

  • Indian Penal Code: 376, 302, 309
  • Code of Criminal Procedure:
Subscribe to unlock full Legal Analysis Subscribe Now
Related Judgement
High Court Bombay High Court Allows Arbitration Application Despite Allegations of Fraud — Holds That Serious Allegations of Fraud Do Not Bar Appointment of Arbitrator Under Section 11 of the Arbitration and Conciliation Act, 1996 When the Dispute Falls Withi...
Related Judgement
High Court Bombay High Court Dismisses Developer's Petition for Interim Relief Under Section 9 of Arbitration Act — Dispute Over Possession of Flats for Redevelopment Not Arbitrable as Members Not Bound by Development Agreement. The court held that interim re...