In Appeal reappreciated the entire evidence on record is must – Supreme Court
January, 18th 2022
Apex court in this case observed that the while hearing the first appeal against acquittal High Court has not at all discussed and/or reappreciated the entire evidence on record. In fact, the High Court has only made the general observations on the deposition of the witnesses examined. Appellate court has to consider the entire evidence on record, so as to arrive at a finding as to whether the views of the trial court were perverse or otherwise unsustainable
Facts of the case – Trial Court convicted respondent Nos.2 to 4 punishable under Sections 452, 323, 325, 34 of the Indian Penal Code but acquitted them for the offences punishable under Sections 354, 504, 506 of the IPC, Section 3(1)(x) and 3(1)(xi) SCST Act .Victim filed appeal in the High Court but same was dismissed in one page/paragraph order . Appellant approached the Apex Court.
Supreme Court made further observation that there is no reappreciation of entire evidence on record in detail, which ought to have been done by the High Court, being a first appellate court.
And judgment and order passed by the High Court was quashed and set aside and the remanded back to the High Court to decide the appeal afresh in accordance with law and on its own merits.
Sections 354, 504, 506 452, 323, 325, 34 IPC, Section 3 SCST Act Section 378 Cr.PC – Appeal remand back – Trial Court convicted respondent Nos.2 to 4 punishable under Sections 452, 323, 325, 34 of the Indian Penal Code – acquitted them for the offences punishable under Sections 354, 504, 506 of the IPC, Section 3(1)(x) and 3(1)(xi) SCST Act – victim filed appeal – High Court dismissed in one page/paragraph order – Appeal to Supreme Court – observed – High Court made general observations – required to reappreciate the entire evidence – decision of the High Court erroneous as it ignored the settled legal position – Appeal Allowed -directed – High Court decide and dispose of the appeal in accordance with law.
Geeta Devi
Versus
State of U.P. & Ors.
