Court Matter

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Blog 12

Pleading guilty won’t help in compromising for a lesser sentence.

On 2nd April 2024, the Kerala High Court passed an order for setting aside the judgement passed by Trial court. The accused in this matter had committed offences relating to voluntary causing hurt by dangerous weapons, wrongful restrain and criminal intimidation u/s. 324, 341, 506(i) by causing grievous injuries to victim. As the accused pleaded guilty through the Counsel, the trial court awarded lesser sentence considering the accused statement. By getting dissatisfied with the trial court’s judgment the complainant moved to High court for awarding a fair sentence to the accused considering the injury sustained and offence committed. Kerala HC in its order directed the trial court to not simply give liberal concession to the accused pleading guilty by awarding lesser sentence but must consider all facts and pass order. Kerala HC concluded stating the trial court to take a fresh consideration on the said matter giving a proper sentence to accused. The matter will stay in continuation for trial on next date allowing the accused to withdraw the pleading of guilt if he wish so and continue for trial.

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