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Supreme Court Of India

(From : Rajasthan)*

Hon'ble Judge(s): M. B. Shah, B. N. Agrawal , JJ

Criminal P.C. (2 of 1974) , S.378— Appeal against conviction - Disposal of by simply saying that "there is no error apparent in finding of trial Court", without re-appraising evidence - Not a proper method - A duty is enjoined upon appellate Court to reappraise evidence itself. S. B. Cri. A. No. 41 of 1987, D/- 14-5-2001 (Raj), Reversed. In a criminal appeal, a duty is enjoined upon the appellate Court to reappraise the evidence itself and it cannot proceed to dispose of the appeal upon appraisal of evidence by the trial Court alone especially @page-SC1815 when the appeal has been already admitted and placed for final hearing. Upholding such a procedure would amount to negation of a valuable right of appeal of an accused which cannot be permitted under law.(Para 4) It is a novel method of disposal of criminal appeal against conviction by simply saying that after re-appreciation of the evidence and re-scrutiny of the records, the Court did not find any error apparent in the finding of the trial Court even without reappraising the evidence. Such procedure adopted by the High Court is unknown to law. Matter remitted to High Court. .....