Geeta Devi vs State of U.P. & Ors.

Court

Supreme Court of India

Date

18 January 2022

Case No.

Criminal Appeal No. 78 of 2022

Result

Allowed

Bench

M.R. Shah, B.V. Nagarathna

Citation

[2022] 1 S.C.R. 428 : 2022 INSC 54

Headnote

Code of Criminal Procedure, 1973 – s.378 – Appellate Power of High Court in case of acquittal – In the instant case, trial court convicted respondents for the offences punishable under ss.452, 323/34 and 325/34 of the IPC, however, acquitted them for the offences punishable under ss.354, 504, 506 of the IPC, ss.3(1)(x) and 3(1)(xi) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 – High Court dismissed victim’s appeal without elaborate reappreciation of the entire evidence on record – On appeal, held: High Court only made general observations on the deposition of the witness examined and did not re-appreciate the entire evidence – Against an order of acquittal passed by trial court, the High Court, being a first appellate Court, ought to have re-appreciated the evidence independently, and come to its own conclusion – High Court’s order is quashed – Matter remitted to High Court to decide the appeal afresh. Allowing the appeal and remitting the matter to High court, the Court

HELD: This is not the manner in which the High Court should have dealt with the appeal against an order of acquittal which as such is a first appeal against the order of acquittal. The High Court has only made general observations on the deposition of the witness examined. However, there is no re-appreciation of the entire evidence in detail which exercise ought to have been made by the High Court while dealing with the judgment and order of acquittal. Being the first appellate court, the High Court was required to re-appreciate the entire evidence on record and also the reasoning given by the Trial Court. [Para 6][430-G-H; 431-A-B]

Umedbhai Jadavbhai v. The State of Gujarat (1978) 1 SCC 228 : [1978] 2 SCR 471; Guru Dutt Pathak v. State of Uttar Pradesh (2021) 6 SCC 116 – relied on.

The Judgment of the Court was delivered by M. R. SHAH, J. 1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 06.12.2019 passed by the High Court of Judicature at Allahabad, Lucknow Bench in Criminal Appeal No. 2356 of 2019 by which the High Court has dismissed the said appeal preferred by the victim of the offence, which was filed against the judgment and order dated 13.09.2019 passed by the learned Special Court, acquitting the respondent accused under Sections 354, 504, 506 of the IPC, Section 3(1)(x) and 3(1)(xi) of the Scheduled Castes and the Scheduled Trib

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