Question

In which of the following cases appeals cannot be lodged with the Supreme Court?

• A. Constitutional matters involving a substantial point of law.
• B. A sentence in a criminal case given by the lower court and confirmed by the High Court.
• C. Criminal case in which High Court has given a death sentence to a criminal found non-guilty by a lower court
• D. Criminal case in which High Court after withdrawing a case from the lower court has given a death sentence.

Answer 1

The correct option is B A sentence in a criminal case given by the lower court and confirmed by the High Court.

The Constitution of India provides that the Supreme court hears appeals against the judgment of High Court in criminal proceedings if:

1) the appeal came before the high court and it reversed the order of acquittal (release) of an accused person and sentenced him to death or imprisonment for life or for ten years;

2) the High court has taken before itself any case from subordinate court and convicted the accused person and sentenced him to death or imprisonment for life or for ten years

3) the High court certifies that the case is fit for appeal to supreme court.

Thus in a criminal case if the sentence is awarded by the lower court and the same was confirmed by the High Court, it does make the appellable matter for the Supreme Court.