High Courts should re-appreciate all the evidence while dealing with the first appeal: Supreme Court

The Learned Special Judge, Bharuch after full­fledged trial and appreciation of the entire evidence on record and by detailed judgment and order convicted the accused under Section 7 read with Sections 13(1) and 13(2) of the Act.  The Learned Special Judge held the accused guilty and convicted the accused for the aforesaid offences and imposed the sentence of 5 years imprisonment and with fine of Rs.10,000/­.

Feeling aggrieved and dissatisfied with the judgment and order of conviction and sentence passed by the Learned Special Judge in Special A.C.B. Case No.14/2000 ­ the accused preferred appeal before the High Court being Criminal Appeal No.92 of 2003.  By the impugned judgment and order, the High Court without any detailed re­appreciation of the entire evidence on record, has acquitted the accused for the offences for which he was convicted.

Feeling   aggrieved   and   dissatisfied   with   the   impugned judgment and order of acquittal passed by the High Court, the State of Gujarat has preferred the present appeal.

Supreme Court after hearing both the sides, remanded the matter to the High Court.

We find that the High Court has not strictly proceeded in the manner in which the High Court ought to have while dealing with the appeal against the order of conviction

Supreme Court

Court found out that, there was no re­appreciation of the entire evidence on record in detail while acquitting the respondent – accused.

Supreme Court held that, the High Court ought to have appreciated that it was dealing with the first appeal against the order of conviction passed by the Learned trial Court.   Being First Appellate Court, the High Court was required to re­appreciate the entire evidence on record and also the reasoning given by the Learned trial Court while convicting the accused.

Being the First Appellate Court the High Court ought to have re­appreciated the entire evidence on record without any limitation, which might be there while dealing with an appeal against the order of acquittal passed by the Learned Trial Court.

An   Appellate   Court   while   dealing   with   an   appeal   against acquittal passed by the Learned trial Court, is required to bear in mind that in case of acquittal there is double presumption in favour of the accused.

Firstly, the presumption of innocence is available to him under the fundamental principle of criminal jurisprudence that every person shall be presumed to be innocent unless he is proved guilty by a competent court of law.

Secondly, the accused having secured his acquittal, the presumption of his innocence is further reinforced, reaffirmed   and   strengthened   by   the   trial   Court.

Therefore, while dealing with the cases of acquittal by the trial Court, the Appellate Court would have certain limitations.

Consequently, Supreme Court quashed and set aside the Judgement passed by the High Court.