High Court In An Appeal U/Sec 374(2) CrPC Has To Independently Evaluate Entirety Of Evidence: Supreme Court

The Supreme Court reiterated that a High Court in a criminal appeal under Section 374(2) of Code of Criminal Procedure is duty bound to consider the entirety of the evidence. 

In the exercise of its appellate jurisdiction, the High Court was required to evaluate the evidence on the record independently and to arrive at its own findings as regards the culpability or otherwise of the accused on the basis of the evidentiary material, the bench of Justices DY Chandrachud and AS Bopanna observed.

In this case, the trial court convicted all the forty four accused. The High Court upheld conviction of thirty five of them under the provisions of Sections 148, 149, 323/149, 436/149 (five counts) and 302/149 (three counts) of the Indian Penal Code 1860. As regards them, the High Court made this observation: "...So far as the other appellants are concerned, from perusal of the record, it is apparent that the statement of eye-witnesses being unshakable and of sterling quality, has rightly been relied upon by the trial Court to record a finding of guilt against these appellants."

In appeal, the bench observed that there was no independent evaluation of the evidence on the record by the High Court. Referring to Majjal v State of Haryana (2013) 6 SCC 798, the court said:

"The High Court was dealing with a substantive appeal under the provisions of Section 374 of the Code of Criminal Procedure 19731 . In the exercise of its appellate jurisdiction, the High Court was required to evaluate the evidence on the record independently and to arrive at its own findings as regards the culpability or otherwise of the accused on the basis of the evidentiary material. As the judgment of the High Court indicates, save and except for one sentence which has been extracted above, there has been virtually no independent evaluation of the evidence on the record. While considering the criminal appeal under Section 374(2) of CrPC, the High Court was duty bound to consider the entirety of the evidence."

Observing thus, the bench set aside the High Court judgment insofar as it pertains to the appellants, [except for Accused Nos 19, 21, 24, 38 and 44] and remitted the appeal back to the High Court.

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