Lawstreet Journal

Court Hearing First Appeal in Criminal Matter Required to Form its Own Opinion, Reiterates SC [Read Order]

Lawstreet Journal 28 Oct 2020 5:16pm

Image courtesy: Lawstreet Journal Judiciary Court Hearing First Appeal in Criminal Matter Required to Form its Own Opinion, Reiterates SC  [Read Order]

The Supreme Court on October 16, 2020, in the case of Chandrabhan Singh v. The State of Rajasthan has held that the Court hearing first appeal in criminal matters is required to form its opinion on the basis of the evidence on record and the opinion of the Trial Court.

The Supreme Court made this statement in Special Leave Petition filed against the Rajasthan High Court order which had dismissed an appeal against conviction recorded by the Trial Court.

The Rajasthan High Court in the order passed for dismissal of appeal stated that the prosecution had been successful in proving the guilt of the accused and it is proved beyond a reasonable doubt with sufficient evidence.

The bench comprising of Justice Sanjay Kishan Kaul Justices Dinesh Maheshwari and Hrishikesh Roy observed that the High Court order is only a recitation of the evidence without an appreciation of the same for purposes of reaffirming conviction in appeal.

The Court said that in this case, the High Court has set out the facts and also deposition by witnesses and then concluded that the prosecution was successful in proving the guilt of the accused.

The court clearly said "We would like to say that the First Appeal in criminal matter requires the court to form its opinion on the basis of the evidence on record and the opinion of the Trial Court"

The court hence allowed the appeal and stated that they set aside the impugned order and remit the matter back for consideration by the High Court on… Continue Reading...


Tagged: Supreme Court of India  
Disclaimer: SoOLEGAL in Media collaboration with Lawstreet Journal. SoOLEGAL take no responsbility for the content provided by Lawstreet Journal. For any discrepancies Contact Lawstreet Journal.
Did you find this write up useful? YES 0 NO 0
Featured Members view all

New Members view all

×

C2RMTo Know More

Something Awesome Is In The Work

0

DAYS

0

HOURS

0

MINUTES

0

SECONDS

Sign-up and we will notify you of our launch.
We’ll also give some discount for your effort :)

* We won’t use your email for spam, just to notify you of our launch.