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Supreme Court Sets Aside High Court’s Suo Motu Conviction in Abetment of Suicide Case — “Accused Cannot Be Left Worse-Off for Filing Appeal; Section 401(3) CrPC Bars High Court from Converting Acquittal into Conviction Using Revisional Powers”

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Court’s Decision

The Supreme Court in Criminal Appeal Nos. 2892–2893 of 2025 allowed the appeal in part, setting aside the conviction and sentence under Section 306 IPC imposed by the Madras High Court through suo motu revision, in an appeal filed solely by the accused. The Court upheld the conviction and sentence under Sections 354 and 448 IPC as awarded by the Trial Court and affirmed by the High Court. It reiterated that a High Court, while exercising appellate jurisdiction in an appeal filed by an accused, cannot suo motu enhance the sentence or convict the accused under additional charges unless an appeal or revision has been filed by the State, victim, or complainant.


Facts

The appellant, neighbour to the deceased, allegedly entered her house at midnight on 11.07.2003 and attempted to outrage her modesty by hugging her. The deceased’s mother-in-law intervened, following which the appellant fled. The next morning, the deceased attempted to withdraw her daughter from school and subsequently went to a nearby field with her infant daughter, where she consumed oleander seeds and administered poison to the child, leading to both their deaths.

Based on a complaint by a village watchman, an FIR was registered under Section 306 IPC. A charge sheet was filed, and the case was committed to the Mahila Fast Track Court, which altered the charges to Sections 354 and 448 IPC and acquitted the accused under Section 306 IPC. He was convicted and sentenced under the other two sections.

Aggrieved, the appellant filed a criminal appeal. The High Court, while hearing the appeal, initiated suo motu revision proceedings against the acquittal under Section 306 IPC and ultimately convicted the appellant for abetment of suicide, enhancing the sentence to five years’ rigorous imprisonment. This conviction under Section 306 IPC was challenged in the Supreme Court.


Issues

  1. Whether the High Court could exercise suo motu revisional jurisdiction to convict the accused under Section 306 IPC in an appeal filed solely by the accused.
  2. Whether enhancement of sentence or addition of conviction in such circumstances violates the principle of fairness and procedural justice under criminal law.

Petitioner’s Arguments

The petitioner contended that:


Respondent’s Arguments

The State supported the conviction, emphasizing that the act of outraging the deceased’s modesty and the subsequent suicide justified invocation of Section 306 IPC. It asserted that the High Court rightly exercised its powers under Section 401 CrPC to do complete justice.


Analysis of the Law

The Court undertook an in-depth interpretation of Sections 386 and 401 CrPC:

The Court strongly relied on its earlier decision in Sachin v. State of Maharashtra, Criminal Appeal Nos. 2073–2075 of 2025, where it ruled that appellate courts cannot enhance sentence or convict under additional charges in an appeal filed solely by the accused.


Precedent Analysis

  1. Sachin v. State of Maharashtra (2025) – The core precedent applied. Held that appellate courts cannot enhance sentence in appeals by the accused unless a separate appeal/revision is filed by the State/victim/complainant.
  2. Jyoti Plastic Works Pvt. Ltd. v. Union of India (2020) – Quoted for the doctrine of no reformatio in peius, which prohibits worsening a party’s position upon appeal.

These authorities underscored that fairness, procedural equity, and the constitutional right to appeal prevent a litigant from being left worse-off for challenging a decision.


Court’s Reasoning

The Court held:

The Court concluded that enhancement of sentence or addition of new charges in an appeal by the accused alone is legally impermissible.


Conclusion

The Supreme Court allowed the appeal in part, setting aside the conviction under Section 306 IPC and restoring the Trial Court’s order. The conviction under Sections 354 and 448 IPC was affirmed. The appellant was directed to surrender if he had not served the complete sentence under these sections.


Implications

This judgment firmly reiterates the procedural boundaries for appellate and revisional jurisdiction. It safeguards the constitutional right to appeal and ensures that an accused is not prejudiced merely for availing this right. The decision reinforces the principle that judicial discretion in criminal appeals must be tethered strictly to the statutory framework and cannot be used to aggravate the position of the appellant-accused in the absence of a proper challenge by the prosecution.

Also Read: Supreme Court Dismisses Plaintiff’s Appeal in Sale of Agricultural Land Despite Charge in Favor of Cooperative Society

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