LAWS(SC)-2021-7-3

MANOHAR @ MANU Vs. STATE OF KARNATAKA

Decided On July 06, 2021
Manohar @ Manu Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) Leave granted.

(2.) The appellant stands convicted under Section 396 IPC and sentenced to undergo imprisonment for life without any entitlement of remission for a period not less than 20 years.

(3.) Shri Deshpandey, learned counsel appearing for the appellant relied on (2016) 7 SCC 1 and submits that the trial court was not competent to direct that no remission would be awarded before 20 years. He submits that in view of the Constitution Bench judgment, the trial court lacked jurisdiction to do so. The High Court, therefore, erred in not considering this aspect of the matter simply affirming the order of the trial court.