BISWANATH GHOSH versus STATE OF WEST BENGAL & ORS.

BISWANATH GHOSH versus STATE OF WEST BENGAL & ORS.

Appeal against conviction or acquittal must not be decided without the records of the trial court and proper perusal of the evidence; the High Court's procedure in acquitting respondents solely on alleged concession was not in consonance with law and resulted in miscarriage of justice.

Parties
Appellant: Biswanath Ghosh; Respondents: State of West Bengal & Ors.
Jurisdiction
India
Judgment Date
16 February 1987
Procedural Posture
Criminal Appeal / Supreme Court Appeal by Special Leave After High Court Acquittal and Refused Review
Outcome
Appeal allowed; High Court's acquittal set aside; matter remitted to High Court for fresh decision after receipt of records and notice to parties.
Legal Topics
Appeal Against Conviction, Procedure in Appellate Courts, Acquittal, Powers of Review
Criminal Law Procedural Law Appeal Against Conviction Procedure in Appellate Courts Acquittal Powers of Review

Case Brief

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Parties

Biswanath Ghosh

Appellant

State of West Bengal & Ors.

Respondents

Procedural Posture

Criminal Appeal / Supreme Court Appeal by Special Leave After High Court Acquittal and Refused Review

Legal Issues

  1. 1 Whether the High Court was justified in allowing the appeal and acquitting the accused without the records from Sessions Court and perusal of evidence
  2. 2 Obligation of High Court under Section 385 of CrPC in appeals
  3. 3 Power of High Court to review its own judgment under CrPC

Ratio Decidendi

Appeal against conviction or acquittal must not be decided without the records of the trial court and proper perusal of the evidence; the High Court's procedure in acquitting respondents solely on alleged concession was not in consonance with law and resulted in miscarriage of justice.

Court Disposition

Appeal allowed; High Court's acquittal set aside; matter remitted to High Court for fresh decision after receipt of records and notice to parties.

Orders

  • Order of acquittal recorded by High Court set aside.
  • High Court to admit the appeal to its file and dispose of it afresh after notice to parties and receipt of records.