In Brief
Harshad Gupta was convicted of rape and intimidation in April 2015. Before sentencing, he sought exemption from court appearance due to an accident. The presiding judge transferred before hearing arguments on sentence, and the appellant sought a direction for the new judge to rehear the entire case, including the conviction. The Supreme Court held that once conviction is finalized and pronounced in open court, it cannot be reopened by a successor judge. The new judge need only hear arguments on the quantum of sentence under the procedural framework of Section 235(2) of the Code of Criminal Procedure, 1973. The appeal was dismissed and the matter was remitted for sentencing.
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