Criminal Procedure Code, 1973
Section 374(2)—Appeal from conviction—Consideration—While hearing appeals under Section 374(2) of CrPC, the High Court is exercising its appellate jurisdiction—There shall be independent application of mind in deciding the criminal appeal against conviction—It is the duty of an appellate court independently evaluate the evidence presented and determine whether such evidence is credible—Even if the evidence is deemed reliable, the High Court must further assess whether the prosecution has established its case beyond reasonable doubt—High Court though being an appellate court is akin to a trial court, must be convinced beyond all reasonable doubt that the prosecution’s case is substantially true and that the guilt of the accused has been conclusively proven while considering an appeal against a conviction.
[Para 9]
Section 374(2)—Appeal from conviction—Approach of High Court in considering criminal appeal—Conviction of appellant under Sections 354, 376 & 511 of the IPC confirmed by High Court without independently considering evidence on record and without giving any reason—Challenged—High Court must provide clear reasons for accepting the evidence on record—Mere concurrence with findings of the trial court is insufficient unless supported by a well-reasoned independent justification—No doubt the impugned judgment has neatly sub-titled various aspects of the case, but independent consideration of the evidence on record is conspicuous by its absence—High Court ought to have considered the evidence on record in the light of arguments advanced at the bar and thereafter ascertained whether the Fast Track Court was justified in passing the judgment of conviction and imposing the sentence—Same being absent in the impugned judgment, for that sole reason, the impugned judgment of High Court is set aside—Matter remanded to the High Court for consideration afresh in accordance with law.
[Paras 10 to 15]