Lawstreet Journal

High Court’s decision based on a totally erroneous view of law; being the first appellate court it must appreciate the entire evidence and come to its own conclusion: SC [READ JUDGMENT]

Lawstreet Journal 5 Feb 2021 12:41am

Image courtesy: Lawstreet Journal Judiciary High Court’s decision based on a totally erroneous view of law; being the first appellate court it must appreciate the entire evidence and come to its own conclusion: SC [READ JUDGMENT]

The SC on Tuesday (February 3,2021) in an appeal case of State of Gujarat v. Bhalchandra Laxmishankar Dave, expressed its displeasure over nonreappreciation of the evidence on record. 

The matter came to apex court after the Gujarat High Court acquitted the accused under the Prevention of Corruption Act, 1988 by quashing the decision of the Special Judge, Bharuch, the State of Gujarat.

The accused who was an Assistant Director in ITI, Gandhi Nagar, was charged for the offenses punishable under Section 7 read with Sections 13(1) and 13(2) of the Act. 

The accused then preferred an appeal claiming that “by the impugned judgment and order, the High Court without any detailed re-appreciation of the entire evidence on record, has acquitted the accused for the offences for which he was convicted.”

The top court observed that the trial court in this case after a trial and appreciation of the entire evidence on record passed a detailed judgment and order. Accused then approached to the High Court and the high court, the bench stated:

We find that the High Court has not strictly proceeded in the manner in which High Court ought to have while dealing with the appeal against the order of conviction

The bench stated that without any detailed reappreciation of the entire evidence on record, HC has acquitted the accused of the offenses for which he was convicted. The court was dissatisfied by the act of the HC and thus while making a few observations remanded the matter to the Gujarat High Court.

It was further… Continue Reading...


Tagged: Gujarat High Court   Supreme Court of India  
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