Law: Criminal Procedure Code (V of 1898)

Section: 432

Law: Constitution of India

Section: 136

(a) Constitution of India----   ----Article 136 (Constitution of Pakistan, Article 160)-Appreciation of evidence.   The Supreme Court will not, save in very exceptional cases, convert itself into a regular Court of appeal on evidence, in dealing with matters arising by way of special leave. In a case where it finds that the appellate Court has not at all applied its judicial mind to the appreciation of the evidence and grave injustice has resulted there from, the Supreme Court may remand the case to the first appellate Court for fresh con sideration.   (b) Criminal Procedure Code (V of 1898)-------   -----S. 423-Appeal against acquittal-Unsound and inconsistent standards adopted by trial Court in assessing credibility of evidence-High Court entitled to give effect to its own independent conclusion on evidence.   In an appeal against acquittal while the High Court is free to appreciate the evidence for itself and to act on its own view thereof, when it differs from that of the trial Court, it will not do so lightly and will be slow to reverse an acquittal except for strong and compelling reasons.   Where in acquitting the various accused the Sessions Judge adopted inconsistent and unsound standards without any real effort to assess the credibility of the evidence given by the various alleged eye-witnesses as against each of the accused, the High Court, in view of this highly unsatisfactory appreciation of evidence by the Sessions Judge, is justified in closely scrutinizing and examining the correctness of the acquittals. In such a situation the High Court is not only entitled but bound to give effect to its own independent con clusion on evidence, giving due weight to all the circumstances which have normally to be kept in view in cases of this kind. There is thus ample justification for interference by the High Court with the acquittals which result from the judgment of the Sessions Judge.   The judgment of the High Court, when reversing acquit tals should clearly set out and discuss the evidence of the eye witnesses as against each of the accused, Succinctly and categorically, instead of merely cataloguing a summary of the…