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Supreme Court Of India

(From : Punjab and Haryana)*

Hon'ble Judge(s): Doraiswamy Raju, Arijit Pasayat , JJ

Criminal P.C. (2 of 1974) , S.378(3)— Constitution of India , Art.14— Leave to appeal against acquittal - Refusal to grant leave - One line "No merit. Dismissed" - Order of High Court without assigning reasons - Illegal - Moreso, when trial Court on facts of case did not carefully appraise entire evidence - Emphasis on recording reasons, stated. Cri. M. No. 163-MA of 1997, D/- 24-4-1997 (P. and H.), Reversed. The trial Court was required to carefully appraise the entire evidence and then come to a conclusion. If the trial Court was at lapse in this regard the High Court was obliged to undertake such an exercise by entertaining the appeal. The trial Court on the facts of this case did not perform its duties, as was enjoined on it by law. The High Court ought to have in such circumstances granted leave and thereafter as a first Court of appeal, reappreciated the entire evidence on the record independently and returned its findings objectively as regards guilt or otherwise of the accused, it has failed to do so. The questions involved were not trivial. The requirement of independent witness and discarding testimony of official witnesses even if it was reliable, cogent or trustworthy needed adjudication in appeal. The High Court has not given any reasons for refusing to grant leave to file appeal against acquittal, and seems to have been completel....