Trace Your Case

Judgement And Sentencing

Santa Singh v. The State of Punjab (1976) 4 SCC 190


Whether noncompliance with s. 235(2) is merely an irregularity which can be cured by s. 465 or it is an illegality which vitiates the sentence?


Section 235(2) is clear and explicit in its wording such that, when a judgment is rendered convicting the accused, he is, at that stage, to be given an opportunity to be heard in regard to the sentence and it is only after hearing him that the court can proceed to pass the sentence.

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