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SC cautions HCs on casual disposal of criminal appeals

By Our Legal Correspondent

New Delhi Oct. 11. The Supreme Court has called upon the High Courts not to dispose of criminal appeals in a rather casual manner without giving any reasons for arriving at the conclusions.

A Bench comprising Justice Doraiswamy Raju and Justice Arijit Pasayat said "non-reasoned conclusions by appellate courts are not appropriate, more so, when their views differ from that of the lower court. In case of concurrence, the need to repeat the reasons may not be there. It is not so in case of reversal. Reason is the heartbeat of every conclusion, without the same, it becomes lifeless".

The Bench gave this direction while reversing the judgment of the Patna High Court that acquitted nine accused in a murder case. The Bench restored the conviction of the trial court against them but modified the sentence from life imprisonment and imposed sentences ranging from seven to three years. The Bench directed them to surrender to custody forthwith to serve the remainder of their sentence, if any.

Indicting the High Court for disposing of the appeal in a casual manner, the Bench said most of the conclusions arrived at by the High Court were per se not on sound footing. The Bench said "the appellate court will not abjure its duty to prevent miscarriage of justice by interfering where interference (against trial court's order) is imperative."

"Where doubt is based on irrelevant grounds or where the court allows itself to be deflected by red herrings drawn across the track, or where the evidence accepted by the trial court is rejected by the High Court after a perfunctory consideration or where the baneful approach of the court has resulted in vital and crucial evidence being ignored or for any such adequate reason, the court should feel obliged to secure the ends of justice to appease the judicial conscience as it were," the Bench said.

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