Wednesday, October 28, 2009

RECENT CASE LAW - SC - PRACTICE & PROCEDURE

Raj Narain Singh v State of Uttar Pradesh and Others Criminal Appeal Nos. 891-892 of 2002 With Criminal Appeal Nos. 1811-1812 of 2009 (Arising Out of S.L.P (Crl.) Nos. 3595-3596 of 2002)
The Supreme Court examined the scope of Art.136 of the Constitution of India, 1950 providing for appeal by Special Leave in reweighing the evidence in criminal cases. It was held that the Supreme Court cannot exercise its overriding powers under Art.136 to reweigh evidence. It cannot disturb concurrent findings of facts reached upon by the trial court after proper appreciation of evidence and if two views are possible, one indicating conviction and other acquittal, Supreme Court would not interfere with order of acquittal. However it was held that if acquittal is perverse or imprudent or manifestly illegal or grossly unjust, Supreme Court would interfere with. In the facts of the case, the Court held that all those present in spot need not be examined to prove guilt of the accused; hence non-examination of any other witness was not fatal to prosecution. Prosecution witnesses cannot be disbelieved or discarded merely on reason of non-examination of other witnesses. Therefore, high court clearly erred in reversing the order of conviction by the trial court.

TO READ THE FULL JUDGEMENT CLICK HERE

No comments: