Powers of High Court to make further enquiry and receive additional evidence

Under Section 368, the High Court may confirm the sentence, annul it or pass any other sentence, or convict the accused of any offence of which the Court of Session might have convicted him or may order a new trial on the same or an amended charge.

The scope of these three sections has been interpreted by the Hon’ble Supreme Court as casting a duty on the High Court to satisfy itself by a reappraisal and reassessment of the entire evidence, uninfluenced by the judgment of the Court of Session, about the guilt or innocence of the accused person.

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Who is not a condemned prisoner?

Where petitioners were convicted under Section 302, I.P.C. but their death sentence was subject to confirmation by the High Court. Held, that petitioners could be treated as condemned prisoners. Hence, they could not be sent to the condemned cell or put to solitary confinement. As such, they would be entitled to classification facilities as per Jail Rules and Manuals.