Section 368 of CrPC : Section 368: Power of High Court to confirm sentence or annul conviction.

Explanation using Example

Example 1:

Case: Rajesh is convicted of murder by the Court of Session and sentenced to death. The case is then submitted to the High Court for confirmation of the death sentence as required by law.

Scenario:

• The High Court reviews the case under Section 368 of the Code of Criminal Procedure, 1973.
• After examining the evidence and legal arguments, the High Court finds that the conviction and sentence are justified.
• Outcome: The High Court confirms the death sentence.

Example 2:

Case: Priya is convicted of a serious assault by the Court of Session and sentenced to life imprisonment. The case is submitted to the High Court for confirmation.

Scenario:

• The High Court reviews the case under Section 368.
• Upon review, the High Court finds procedural errors in the trial and believes that the evidence does not support a conviction for serious assault but does support a conviction for a lesser offense of causing grievous hurt.
• Outcome: The High Court annuls the original conviction for serious assault and convicts Priya of causing grievous hurt, sentencing her to a lesser term of imprisonment.

Example 3:

Case: Sunil is convicted of robbery and sentenced to death by the Court of Session. The case is submitted to the High Court for confirmation.

Scenario:

• The High Court reviews the case under Section 368.
• The High Court finds that the evidence is insufficient to support the conviction and that there were significant legal errors during the trial.
• Outcome: The High Court annuls the conviction and orders a new trial on the same or an amended charge.

Example 4:

Case: Anil is convicted of kidnapping and sentenced to death by the Court of Session. The case is submitted to the High Court for confirmation.

Scenario:

• The High Court reviews the case under Section 368.
• After a thorough review, the High Court finds that Anil is not guilty of the crime.
• Outcome: The High Court acquits Anil, setting him free.

Example 5:

Case: Meera is convicted of drug trafficking and sentenced to death by the Court of Session. The case is submitted to the High Court for confirmation.

Scenario:

• The High Court reviews the case under Section 368.
• The High Court finds that the period allowed for Meera to file an appeal has not yet expired.
• Outcome: The High Court waits until the appeal period expires or until any appeal filed is disposed of before making a decision on the confirmation of the sentence.