Code:
In every case so submitted, the confirmation of the sentence, or any new sentence or order passed by the High Court, shall, when such Court consists of two or more Judges, be made, passed and signed by at least two of them.
Explanation:
This section deals with the confirmation or imposition of a new sentence by the High Court in cases where a lower court has convicted a person. It mandates that the High Court judgment confirming or altering the sentence must be signed by two judges.
Illustration:
A Sessions Court convicts a person of theft and sentences them to 3 years imprisonment. The accused appeals to the High Court. The High Court, after reviewing the case, finds that the sentence is inadequate and decides to enhance it to 5 years. According to Section 369, the judgment of the High Court confirming or altering the sentence must be signed by two judges.
Common Questions and Answers:
Q: Why does Section 369 require two judges to sign the judgment?
A: This requirement ensures judicial scrutiny and the involvement of multiple judges in significant decisions impacting the liberty of individuals.
Q: Can a single judge of the High Court confirm or alter a sentence?
A: No. Section 369 explicitly requires two judges to sign the judgment.
Q: What happens if the High Court alters the sentence?
A: The altered sentence becomes the final and binding sentence on the accused.
