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Showing posts with the label Conviction

FAIRNESS DEMANDS A PERTINENT TIME

Introduction The principle of fair conviction and appropriate sentencing requires a reasonable and pertinent time for pre-sentence hearing. Various judicial precedents demonstrate the appellate courts’ efforts to maintain a balance between two fundamental rights: the  Right to a Fair Trial  and the  Right to a Speedy Trial . While procedural safeguards such as pre-sentence hearings protect the accused’s rights, these provisions may also be misused to unduly delay the trial process. Fortunately, experienced judges in India possess the expertise to distinguish between legitimate requests for time and tactics aimed at protracting trials, thereby safeguarding the rights of the accused without compromising the integrity of the judicial process. The Right to Pre-Sentence Hearing The Supreme Court of India affirmed the right to pre-sentencing in  Bachan Singh v. State of Punjab (1980)  and numerous subsequent rulings. This practice aligns with the common law traditio...