Legal Analysis: Mukesh Kumar Yadav v. State (UT of Andaman & Nicobar Islands) & Anr

Citation: 2026 INSC 559
Court: Supreme Court of India
Bench: A Division Bench comprising Justice K. V. Viswanathan and Justice Vijay Bishnoi
Date of Decision: May 26, 2026
Nature of Judgment: Criminal Appeal arising out of SLP (Crl.) Nos. 8660-61 of 2026 against the judgment of the Calcutta High Court (Circuit Bench at Port Blair).

Synopsis of the Judgment

The appellant was tried for offences under Sections 376, 312 and 417 IPC. The Sessions Judge acquitted him. On appeal by the State and the victim, the High Court reversed the acquittal, convicted the appellant under Sections 376 and 312 IPC, but instead of hearing him on sentence and imposing sentence itself, directed the appellant to surrender before the Trial Judge and directed the Trial Judge to pronounce and impose the sentence after hearing the appellant. The Supreme Court held that this procedure was erroneous. An appellate court which reverses an acquittal and convicts the accused for the first time must itself hear the accused on the question of sentence under Section 235(2) CrPC (read with Section 386(a) CrPC) and impose sentence. It cannot relegate the matter to the trial court only for the purpose of sentencing. The Court set aside that part of the High Court’s order, restored the appeals to the file of the High Court, and directed the High Court to hear the convict on sentence and impose appropriate sentence.

1. Basic Information of the Judgment

• Case Title: Mukesh Kumar Yadav v. The State (UT of Andaman & Nicobar Islands) & Anr.

• Citation: 2026 INSC 559

• Criminal Appeal Nos.: 2863-2864 of 2026 (arising out of SLP (Crl.) Nos. 8660-61 of 2026)

• Bench: Division Bench (Justice K. V. Viswanathan and Justice Vijay Bishnoi)

• Date of Decision: May 26, 2026

• Court: Supreme Court of India (Criminal Appellate Jurisdiction)

• Impugned Order: Judgment and order dated 23.04.2026 of the Calcutta High Court (Circuit Bench at Port Blair) in CRA (DB)/6/2024 and CRA (DB)/4/2024.

2. Legal Framework

Major Laws and Provisions Involved

• Code of Criminal Procedure, 1973 (CrPC) – Section 235 (judgment of acquittal or conviction – sub-section (2) mandates hearing the accu

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