AIR 2000 SUPREME COURT 164 ::1999 AIR SCW 2556 ::1999 AIR SCW 4251 ::1999 (6) ADSC 505 ::(1999) 2 MadLW(Cri) 770 ::1999 (2) UJ (SC) 1294 ::(1999) 2 HinduLR 179 ::(1999) 25 AllCriR 1668 ::1999 CriLR(SC&MP) 798 ::1999 CriLR(SC&MP) 627 ::1999 SCC(Cri) 1066 ::1999 (6) SCC 120 ::1999 (3) RecCriR 623 ::(1999) 4 Scale 173 ::1999 CriLR(SC MAH GUJ) 627 ::1999 CriLR(SC MAH GUJ) 798 ::(1999) 3 AllCriLR 417 ::1999 CalCriLR 345 ::(1999) 2 ChandCriC 92 ::(1999) 3 EastCriC 271 ::(2000) 2 SCJ 226 ::1999 (3) Crimes 137 ::1999 (6) Supreme 145 ::(1999) 5 JT 5 (SC) ::(1999) 8 JT 481 (SC) ::1999 (8) SRJ 66 ::1999 (5) JT 5

Supreme Court Of India

(From : Allahabad)

Hon'ble Judge(s): K. T. Thomas, M. B. Shah , JJ

Criminal P.C. (2 of 1974) , S.255, S.320, S.386, S.401— Constitution of India , Art.21— Reduction of sentence - Mere acceptance or admission of guilt, no ground - Concept of plea bargaining - Is against public policy under criminal justice system - Should not be encouraged. Penal Code (45 of 1860) , S.53— Cri. A. No. 2747 of 1980, D/- 28-11-1997 (All), Reversed. Concept of 'plea bargaining' is not recognized and is against public policy under our criminal justice system. Section 320, Cr. P.C. provides for compounding of certain offences with the permission of the Court and certain others even without permission of the Court. Except the above, the concept of negotiated settlement in criminal cases is not permissible. This method of short circuiting the hearing and deciding the criminal appeals or cases involving serious offences requires no encouragement. Neither the State nor the public prosecutor nor even the Judge can bargain that evidence would not be led or appreciated in consideration of getting flee bite sentence by pleading guilty.(Para 3 8) If accused confesses his guilt, appropriate sentence is required to be imposed. Further, the approach of the Court in appeal or revisions should be to find out whether the accused is guilty or not on the basis of evidence on record. If he is guilty....