While Hearing First Appeal In A Criminal Matter, The Court Must Form Its Own View Regarding The Same: SC Reiterates

Team SoOLEGAL 22 Oct 2020 3:28pm

While Hearing  First Appeal In A Criminal Matter, The Court Must Form Its Own View Regarding The Same: SC Reiterates

An accused who was convicted in Chandrabhan Singh vs. State of Rajasthan, ((Crl.) No(s). 4525/2020), by the Trial Court, had appealed in The Rajasthan High Court. The appeal was dismissed while upholding the conviction set out by the Trial Court.

The accused again filed a Special Leave Petition was filed by the appellant before The Hon’ble Supreme Court against the dismissal of an appeal by The Rajasthan High Court. The Court noted that the order of The High Court only sets out the facts and the evidences produced by the witnesses and concluded that prosecution was successful in proving the guilt of the accused.

The Bench comprising Justice Sanjay Kishan Kaul, Justice Dinesh Maheswari, and Justice Hrishikesh Roy, while allowing appeal, stated that "We are of the view that this can hardly meet the requirements of law for considering the First Appeal in criminal matters and thus, have no option but to seek the impugned order and remit the matter back for consideration by The High Court on the merits as a First Appeal in a Section 302 case of the Indian Penal Code, 1860, in accordance with the law”, and further granted bail to the accused on the ground that he was in custody from last eight and half years.

Subsequently, the court observed that while hearing the first appeal in a criminal matter, the court must form its own opinion regarding the same in accordance with the evidence on record and the opinion of the Trial Court.

Tagged: Criminal Matter   Rajasthan High Court   Trial Court   Supreme Court   Justice Sanjay Kishan Kaul   Justice Dinesh Maheswari   Justice Hrishikesh Roy  
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