Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 2000 (5) TMI SC This

  • Login
  • Referred In
  • Summary

Forgot password       New User/ Regiser

⇒ Register to get Live Demo



 

2000 (5) TMI 1074 - SC - Indian Laws

Issues involved: Appeal against refusal to grant leave in an appeal against acquittal by the High Court.

Summary:
The appeal by the State of Uttar Pradesh was filed against the High Court's refusal to grant leave in an appeal against acquittal and subsequent dismissal of the appeal. The prosecution's case was that the deceased was assaulted by the accused party, leading to his death. The trial court acquitted the accused, but the High Court did not provide reasons for refusing leave to file an appeal against acquittal. The Supreme Court found deficiencies in the trial court's judgment and the High Court's handling of the appeal against acquittal. The Supreme Court set aside the High Court's judgment, granted leave to the State to file an appeal against acquittal, and directed the High Court to hear and decide the appeal on its merits without being influenced by the Supreme Court's observations.

The Supreme Court emphasized the importance of reasons in judicial orders for clarity and justice. The High Court's failure to provide reasons for refusing leave against acquittal rendered its order unsustainable. The Supreme Court highlighted that the trial court did not adequately discuss the evidence, including injuries sustained by both the deceased and the accused party. The High Court was instructed to conduct a thorough review of the evidence and make a decision on the appeal against acquittal based on its own assessment. The respondents were directed to appear before the Registrar (Judicial) of the High Court for bail proceedings.

 

 

 

 

Quick Updates:Latest Updates