The the sentence by way of appeal. However,

The section is based on the principle that a plea of guilty by an accused person operates as a waiver of right to question the legality or his conviction on such a plea. But before applying the bar provided in this section against a convicted person, it must be ascertained that the plea of his guilt has not been obtained by trickery, and that it is a genuine plea.

Informal admission of guilt does not amount to a plea of guilty. Similarly, admission of the case of the prosecution by the accused under Section 313 of the Code does not amount to a plea of guilty.

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It must be stated that a person when pleading guilty, does not commit himself to accept the punishment that would be passed against him irrespective of its nature and legality. Therefore, there is no reason to deny him the right to challenge the extent or legality of the sentence by way of appeal. However, this Section denies the accused who has pleaded guilty right to appeal in cases mentioned in (a) and (b).

Where the appellate or revisional Court enhanced the sentence of the convicted person on the basis of plea bargaining by the trial Court, the Supreme Court set aside the conviction and the sentence of the accused and remanded him to the trial Court for fresh trial so that the accused could get the opportunity of defending himself against the accusation.


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