Criminal Law – Section 378(3) of Code of Criminal Procedure, 1973 – Leave to appeal against acquittal order: Held: High Court should primarily see whether prima facie case is made out based on the materials on record while considering application for grant of leave under sub-section (3) of Section 378 of the Cr.P.C and thereafter should adjudicate the appeal on merits. [Paras 12-13]
High Court to apply judicial mind to discern whether arguable points have been raised – No reappreciation of evidence to be done at the stage of Section 378(3) of Code of Criminal Procedure, 1973:
Held: Court relied on State of Maharashtra v. Sujay Mangesh Poyarekar (2008) 9 SCC 475 wherein it was held that while it cannot be said that all applications seeking grant of appeal must be allowed, the High Court also does not reappreciate the evidence at this stage to ascertain whether the judgment appealed against is perverse or not – It was further held that in cases where leave is refused, High Court must consider all materials on record including witness testimonies and pass a reasoned order reflecting application of mind by High Court so that its order is free from any illegality – At the same time if materials on record reveal any need for reappreciation of evidence to decipher viability of the order sought to be challenged, leave must be granted and appeal must be heard on merits. [Para 7]
Right to appeal – Life and liberty – Human fallibility: Held: Court relied on Sita Ram v. State of U.P. (1979) 2 SCC
656 which held that at least one right to appeal is imperative so that the guarantee of life and liberty is ensured because humans, including judges, are not infallible – It also held that such a right of appeal ensures that before any irreversible deprivation of life or liberty is done, a given case is relooked into both factually and legally to ensure fairness.
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Niti Richhariya, Hony. Associate Editor (Verified by: Kanu Agrawal, Adv.). Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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