Breaking SUPREME COURT REAFFIRMS PUBLIC DOMAIN PROTECTION FOR DIGITAL LAWS
New Delhi · Sunday, 13 September 2026 9888666310 | [email protected]
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Supreme Court of India 2026-05-26 partly_allowed

Mukesh Kumar Yadav vs State (UT of Andaman & Nicobar Islands) Etc

Bench: 2 — K. V. Viswanathan, Vijay Bishnoi

In Brief

A man was tried for rape, causing miscarriage, and cheating. The trial court acquitted him in 2024. The High Court reversed the acquittal on appeal and found him guilty under rape and miscarriage laws. However, instead of sentencing him itself, the High Court ordered him to surrender to the trial court for sentencing. The Supreme Court ruled this procedure was illegal. When an appellate court convicts someone for the first time after reversing an acquittal, that same court must personally hear the accused on sentencing and impose the sentence—it cannot delegate this duty back to the lower court. The Court remanded the case to the High Court to conduct the sentencing hearing itself.

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Criminal Procedure Appellate Powers Sentencing Natural Justice Code of Criminal Procedure 1973

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