Amar Sardar vs The State of West Bengal

Court

Supreme Court of India

Date

12 December 2024

Case No.

Criminal Appeal No. 5234 of 2024

Result

Allowed

Bench

B.V. Nagarathna, N Kotiswar Singh

Citation

[2024] 12 S.C.R. 1267 : 2024 INSC 1040

Acts & Sections

IPC CrPC

Issue for consideration

Whether the High Court was justified in affirming the judgment of conviction and sentence passed by the Fast Track Court.

Headnote

Code of Criminal Procedure, 1973 – s.374 – Whether High Court considered the evidence on record independently thereby sustaining the conviction granted by the Fast Track Court: Held: While hearing the appeals under Section 374(2) of the Code of Criminal Procedure, 1973, the High Court is exercising its appellate jurisdiction – It is the duty of an appellate court to independently evaluate the evidence presented and determine whether such evidence is credible – High Court must further assess whether the prosecution has established its case beyond reasonable doubt, even if the evidence is deemed reliable – The High 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 – Mere concurrence with the findings of the Trial Court is insufficient unless supported by a well-reasoned indepenent justification – As the first appellate court, the High Court is expected to evaluate the evidence including the medical evidence, statement of the victim, statements of the witnesses and the defence’s version with due care – Judgment must reflect a proper application of mind to crucial evidence – The analysis of the evidence by the High Court is on the basis of what the Fast Track Court had recorded and arrived at its findings – The same has been reproduced in various sub-paras and consequently, the appeal has been dismissed. – The High Court failed to consider the evidence on record independently thus, impugned judgment is set aside – Matter remanded back to the High Court to rehear the appeal and pass a fresh judgment. [Paras 9-11, 13, 14]

Judgment Leave granted. 2. The appellant herein is aggrieved by the judgment dated 15.05.2024 passed in C.R.A. 111/2019 by the High Court of Calcutta vis-à-vis not only on the merits of the said judgment but also the approach of the High Court in considering the Criminal Appeal filed by the appellant herein. 3. The appellant was charged with offences under Sections 376, 511, 354 of the Indian Penal Code, 1860 (for short “IPC”). The learned Additional District and Sessions Judge, Fast Track, 3rd Court, Howrah by judgment dated 07.01.2019 convicted the appellant herein and sentenced him to r

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