Court cannot appreciate the entire evidence de novo in a routine manner while hearing Criminal Appeals
A two Judge Bench of the Supreme Court has held that the Supreme Court cannot appreciate the entire evidence de novo in a routine manner while hearing Criminal Appeals, and that too when the conviction is based on concurrent findings of two courts. The Two Judge Bench of Justices Abhay Manohar Sapre and Ashok Bhushan has further held that It is only when the Court comes to a conclusion that the impugned finding though concurrent in nature is wholly arbitrary, unreasonable or/and perverse to the extent that no judicial mind of average capacity can ever record such conclusion, the Court may in appropriate case undertake the exercise of appreciating the evidence to the extent necessary to find out the error.
Article referredt: http://www.livelaw.in/court-cannot-appreciate-entire-evidence-de-novo-routine-manner-hearing-criminal-appeals-sc/
Article referredt: http://www.livelaw.in/court-cannot-appreciate-entire-evidence-de-novo-routine-manner-hearing-criminal-appeals-sc/
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