VidhiSangh

Supreme Court of India · 01/05/2017

ARUN KUMAR versus THE STATE OF BIHAR & ORS.

[2017] 3 S.C.R. 808 · 2017 INSC 419

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Summary

The High Court’s cursory dismissal of a victim’s appeal against acquittal did not adequately exercise its appellate jurisdiction. It referred to some witnesses without properly considering the prosecution evidence as a whole and apparently did not call for the trial record. The Supreme Court remanded without expressing a view on guilt or acquittal.

Issues

  1. Whether the High Court adequately discharged its duty in deciding the acquittal appeal.

Provisions considered

Held

Result

Appeal allowed in part; High Court order set aside and acquittal appeal restored for expeditious fresh decision.

Judgment PDF: Supreme Court of India, [2017] 3 S.C.R. 808.