While hearing First Appeal in Criminal Matters Court is Required to form its Opinion on the basis of the Evidence on Record and the Opinion of the Trial Court: SC

The Apex Court had reiterated that while hearing First Appeal in criminal matters Court is required to form its opinion on the basis of the evidence on record and the opinion of the Trial Court.

Background of the Case

The Supreme Court was considering a Special Leave Petition against a Rajasthan High Court order that had dismissed an appeal against conviction recorded by the Trial Court.

Observation made by the Apex Court

  • The bench headed by Justice Sanjay Kishan Kaul of the Supreme Court noted that the order of High Court is only a recitation of the evidence without an appreciation of the same for purposes of reaffirming conviction in appeal.
  • We would like to say that the First Appeal in criminal matter requires the Court to form his opinion on the basis of the evidence on record and the opinion of the Trial Court
  • The Court also 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.
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  • The Court while allowing the appeal held that we are of the view that this can hardly meet the requirements of the law for considering the First Appeal in criminal matters and thus, have no option but to set aside the impugned order and remit the matter back for consideration by the High Court on merits as a First Appeal in a Section 302 case of the I.P.C. in accordance with law
  • Observing the fact that the accused has been in actual custody for about eight and a half years, the Court granted him bail on terms and conditions to the satisfaction of the Trial Court.


Case No.: Special Leave to Appeal (Crl.) No(s). 4525/2020

Coram: Justices Sanjay Kishan Kaul, Dinesh Maheshwari and Hrishikesh Roy

Also Read: Statement Recorded Before a Judicial Officer in a Court can’t be said to have lesser Sanctity than an Instrument of Compromise drawn outside the Court Attested by some Oath Commissioner

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