Code Of Criminal Procedure -Section 372 – There shall be independent application of mind in deciding the criminal appeal against conviction. It is the duty of an appellate court to independently evaluate the evidence presented and determine whether such evidence is credible. Even if the evidence is deemed reliable, the High Court must further assess whether the prosecution has established its case beyond reasonable doubt. The High Court though being an appellate Court is akin to a Trial Court, must be convinced beyond all reasonable doubt that the prosecution’s case is substantially true and that the guilt of the accused has been conclusively proven while considering an appeal against a convication- High Court must provide clear reasons for accepting the evidence on record. Mere concurrence with the findings of the Trial Court is insufficient unless supported by a well-reasoned indepenent justification. As the first appellate court, the High Court is expected to evaluate the evidence including the medical evidence, statement of the victim, statements of the witnesses and the defence’s version with due care. While the judgment need not be excessively lengthy, it must reflect a proper application of mind to crucial evidence. Albeit the High Court does not have the advantage to examine the witnesses directly, the High Court shall, as an appellate Court, re-assess the facts, evidence on record and findings to arrive at a just conclusion in deciding whether the Trial Court was justified in convicting the accused or not- Large pendency of cases bombarding our courts cannot come in the way of the Court’s solemn duty, particularly, when a person’s liberty is at stake.
Summary: HC judgment dismissed accused’s appeal against a conviction by the Fast Track Court for offenses under Sections 376, 511, and 354 of the Indian Penal Code.- Allowing appeal, SC directed the High Court to rehear the appeal and pass a fresh judgment.