GEETA DEVI versus STATE OF U.P. & ORS.

GEETA DEVI versus STATE OF U.P. & ORS.

The High Court erred in dismissing the appeal against acquittal without re-appreciating the entire evidence on record as the first appellate court; its order is quashed and set aside and the matter is remitted to the High Court to decide the appeal afresh after independent re-appreciation of evidence.

Parties
Appellant (victim): Geeta Devi; Respondent No.1 (state): State of U.P.; Respondent Nos.2 4 (accused): Respondent Nos.2-4
Jurisdiction
India
Judgment Date
18 January 2022
Procedural Posture
Criminal Appeal / Appeal to the Supreme Court Against High Court Dismissal of Victim's Appeal Against Trial Court's Order of Acquittal; Matter Remitted to High Court to Decide Afresh
Outcome
Appeal allowed; impugned High Court judgment and order quashed and set aside; matter remitted to High Court to decide the appeal afresh.
Legal Topics
Appeal Against Acquittal, Re Appreciation of Evidence, Section 378 Cr.p.c., Scheduled Castes and Scheduled Tribes (prevention of Atrocities) Act, 1989, High Court Appellate Power
Criminal Law Procedural Law Evidence Appeal Against Acquittal Re Appreciation of Evidence Section 378 Cr.p.c. Scheduled Castes and Scheduled Tribes (prevention of Atrocities) Act, 1989 High Court Appellate Power

Case Brief

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Parties

Geeta Devi

Appellant (victim)

State of U.P.

Respondent No.1 (state)

Respondent Nos.2-4

Respondent Nos.2 4 (accused)

Procedural Posture

Criminal Appeal / Appeal to the Supreme Court Against High Court Dismissal of Victim's Appeal Against Trial Court's Order of Acquittal; Matter Remitted to High Court to Decide Afresh

Legal Issues

  1. 1 Whether the High Court erred in dismissing the victim's appeal against trial court's acquittal without re-appreciating the entire evidence
  2. 2 Scope of the High Court's appellate power under Section 378 Cr.P.C.
  3. 3 Circumstances in which an appellate court may interfere with an order of acquittal

Ratio Decidendi

The High Court erred in dismissing the appeal against acquittal without re-appreciating the entire evidence on record as the first appellate court; its order is quashed and set aside and the matter is remitted to the High Court to decide the appeal afresh after independent re-appreciation of evidence.

Court Disposition

Appeal allowed; impugned High Court judgment and order quashed and set aside; matter remitted to High Court to decide the appeal afresh.

Orders

  • Impugned judgment and order passed by the High Court in Criminal Appeal No.2356 of 2019 quashed and set aside.
  • The appeal before the High Court is restored to its original file.