SC to consider if Karnataka HC's division bench should hear only appeals against jail term exceeding 14 yrs

New Delhi: The Supreme Court has decided to examine a plea whether Karnataka High Court's division bench should only consider appeals against jail term exceeding 14 years sentence under its rules.

A bench of Justices K V Vishwanathan and Vipul M Pancholi issued notice to the Attorney General of India for rendering assistance to the court.

Senior advocate A Sirajudeen for the appellant-convict, Barkath raised the important issue, contending in many High Courts, appeals where the sentence imposed by the trial court is in excess of 10 years, are heard by the division bench.

He said, while the Trial Court under Section 6 of the Protection of Children from Sexual Offences Act, 2012 imposed a sentence of 20 years and no separate sentence was imposed under Section 376-AB of the Indian Penal Code, the High Court, while noticing that the POCSO Amendments came in 2019, directed that the sentence of 20 years will be for the offence under Section 376-AB of IPC and not for the POCSO offence.

He submitted that the High Court's order has been passed by a Single Judge of the High Court.

The counsel pointed out, Section 5 of the Karnataka High Court Act of 1961, read with Section 10 of the said Act would indicate that the cases where the accused have been sentenced to a fixed term of 20 years should have been heard by a division bench.

He further submitted that under Section 5 of the Act, life appeals are heard by a division bench.

"There is no express prescription for a fixed term sentences as to what coram will hear the appeal,'' he said.

Though Section 5 of the Act said that all other appeals would be heard by the single judge, the amendment imposing fixed term is relatively a new concept post 2012, he pointed out.

He also submitted that the interest of justice required that if the appeals arising out of the cases where life sentence is imposed is heard by a division bench, it is only prudent that the appeals where fixed term in excess of 14 years are imposed is also heard by a division bench.