Supreme Court: Court Hearing First Appeal In Criminal Matter is Required To Form Its Own Opinion

We would like to say that the First Appeal in

criminal matter requires the court to form his opinion on

the basis of the evidence on record and the opinion of

the Trial Court. A perusal of the impugned order shows

that the facts have been set out followed by what each

witness has deposed. Thereafter, all that is stated is

as under:

“In view of the above, we find that the

prosecution has been successful in proving guilt of

the accused-appellant, by adducing cogent and

reliable evidence, beyond all reasonable doubt.

Hence, from the circumstances brought on record

by the prosecution, the guilt of the accusedappellant

with regard to the commission of crime inquestion

stands duly established.”

The aforesaid is followed by dismissal of the appeal.

We are of the view that this can hardly meet the

requirements of law for considering the First Appeal in

criminal matters and thus, have no option but to set

aside the impugned order and remit the matter back for

consideration by the High Court on merits as a First

Appeal in a Section 302 case of the I.P.C. in accordance

with law.

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.688 OF 2020

CHANDRABHAN SINGH VS. THE STATE OF RAJASTHAN 

Dated: October 16, 2020.

Leave granted.

None has appeared for the respondent-State even

though service has been effected on the State and the

Standing Counsel. Learned counsel appeared for the

complainant and has assisted us.

Notice was issued on a limited aspect i.e. that the

impugned order is only a recitation of the evidence

without appreciation of the same for purposes of reaffirming

conviction in appeal.

We would like to say that the First Appeal in

criminal matter requires the court to form his opinion on

the basis of the evidence on record and the opinion of

the Trial Court. A perusal of the impugned order shows

that the facts have been set out followed by what each

witness has deposed. Thereafter, all that is stated is

as under:

“In view of the above, we find that the

prosecution has been successful in proving guilt of

the accused-appellant, by adducing cogent and

reliable evidence, beyond all reasonable doubt.

Hence, from the circumstances brought on record

by the prosecution, the guilt of the accusedappellant

with regard to the commission of crime inquestion

stands duly established.”

The aforesaid is followed by dismissal of the

appeal.

We are of the view that this can hardly meet the

requirements of law for considering the First Appeal in

criminal matters and thus, have no option but to set

aside the impugned order and remit the matter back for

consideration by the High Court on merits as a First

Appeal in a Section 302 case of the I.P.C. in accordance

with law.

The appeal is accordingly allowed leaving parties

to bear their own costs.

The Nominal Roll shows the appellant has been in

actual custody for about eight and a half years.

In view of the aforesaid and in view of the facts

set out in the order aforesaid, we grant bail to the

appellant on terms and conditions to the satisfaction of

the trial Court.

......................J.

[SANJAY KISHAN KAUL]

......................J.

[DINESH MAHESHWARI]

......................J.

[HRISHIKESH ROY]

New Delhi;

October 16, 2020.

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