The Calcutta Weekly Notes. Monday November 13 1933

The crucial and the most intriguing point in the lease therefore was whether after dismissing an appeal at the preliminary hearing the High Court has power to reduce the sentence forthwith without any notice to the Crown. [...] Reduction is within the scope of the Court's appellate powers and if the Court considers that the sentence is excessive it can reduce it in the appeal and does not require to requisition the revisional powers. [...] The question is not whether the High Court has power to rduce the sentence—it has undoubtedly that power—but the question is whether it is copetent of the High Court not to reduce the sentence in dealing with the appeal which it has power to do and which would require notice to the Crown—but to dismiss the ap peal and invoke another jurisdiction for the purpose of reducing the sentence witho [...] In such a case if all the materials elevant to the question of sentence be on the ecurd it is more advantageous to reduce the sentence in revision than admit the appeal ssue notice to the Crown and add another chapter to the proceeding. [...] Had it not been so it would be nnnecemary to take recourse to the revsional risdiction for the purpose of redurig the sentence without notice to the Crown : the Court might as well reduce the sentence in the appeal in a similar manner.