Supreme Court: High Court Is First Appellate Court Hence It Should Examine Entire Evidence Before Concluding

Supreme Court: High Court Is First Appellate Court Hence It Should Examine Entire Evidence Before Concluding

The Supreme Court (SC) bench comprising of Justices M.R. Shah, Ashok Bhushan, Shubhash Reddy, in the case of State of Gujarat (Appellant) v. Bhalchandra Laxmishankar Dave (Respondent), expressed its displeasure over non¬¬-appreciation of the evidence on record by the High Court of Gujarat (HC).

The Top Court stated that the HC's judgment was based on a totally erroneous view of law by ignoring the settled legal position. The SC termed the act 'illegal' that would lead to a miscarriage of justice. The SC being dissatisfied by the act of the HC made a few observations and it remanded the matter to the HC.

The matter came as an appeal wherein the HC acquitted the accused under the Prevention of Corruption Act (Act), by quashing the decision of the Special Judge, Bharuch, Gujarat.

The accused was an Assistant Director in ITI, Gandhi Nagar, and he was charged for the offenses punishable under Section 7 read with Sections 13(1) and 13(2) of the Act.

The SC observed that the Trial Court after considering the entire evidence on record passed a detailed judgment and convicted the accused under Section 7 read with Sections 13(1) and 13(2) of the Act.

The accused being aggrieved from the order of the Trial Court approached the HC. The HC passed its judgment without appreciating the entire evidence on record and acquitted the accused.

The Apex Court stated that the HC has not followed the appropriate procedure of law as there was no re¬appreciation of the entire evidence on record in detail while acquitting the accused.

It was further stated by the Top Court that the HC has made general observations and not appreciated the evidence in detail. That Non¬-appreciation of the evidence on record in a detailed manner may affect the case of either the prosecution or even the accused.

The SC referred to the case of Umedbhai Jadavbhai v. The State of Gujarat, wherein it was stated, "Once the appeal is entertained against the order of acquittal, the High Court is entitled to appreciate the entire evidence independently and come to its own conclusion.

Ordinarily, the High Court would give due importance to the opinion of the Sessions Judge if the same were arrived at after proper appreciation of the evidence.

The High Court would be justified against an acquittal passed by the Trial Court even on re¬appreciation of the entire evidence independently and come to its own conclusion that acquittal is perverse andmanifestly erroneous."