SUPREME COURT OF INDIA

Before:- G.B. Pattanaik and K.G. Balakrishnan, JJ.

W.P. (Crl.) No. 96 of 2002. D/d. 16.8.2002.

V. Mohini Giri - Petitioner

Versus

Union of India - Respondent

For the Petitioner :- Colin Gonsalves, Ms. Aparna Bhat and Ms. Sweta Kakkad, Advocates.

Constitution of India, Article 134 - Appeal against death sentence - Acquittal of accused - Judicial discretion exercised by one of the judges in the Bench acquitting the accused - Cannot be curtailed by issuing guidelines - Petition for issuance of guidelines dismissed.

[Para 1]

ORDER

This petition has been filed for issuance of a guideline as to what should be the appropriate approach in the case where one of the judges in the Bench of this Court while hearing an appeal against death sentence, acquits the accused person. We do not think that the judicial discretion of the Bench hearing the appeal can be curtailed in any manner by issuing guidelines. This petition is dismissed accordingly.

Petition dismissed.