Supreme Court Says Appellate Courts Must Hear Accused on Sentence After Conviction

May 27, 2026 : The Supreme Court has ruled that when an appellate court convicts an accused for the first time in a criminal case, it must also hear the person on the question of punishment and cannot send the matter back to a lower court only for sentencing.

A bench comprising Justices K V Viswanathan and Vijay Bishnoi made the observation while remanding a rape case to the Calcutta High Court for fresh consideration.

In the case, the High Court had convicted the accused and directed him to surrender before the trial court for sentencing. The Supreme Court held that once the appellate court records a conviction, it must itself hear the accused on the issue of sentence before deciding the punishment.