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of <h1>Supreme Court stresses reasons in judgments, grants leave to appeal against acquittal</h1> <h3>STATE OF PUNJAB Versus BHAG SINGH</h3> The Supreme Court found the High Court's judgment unsustainable due to the lack of reasons provided for refusing to grant leave to file an appeal against ... Whether the refusal to grant leave to question acquittal in terms of Section 378(3) of the Code of Criminal Procedure, 1973 valid? Issues involved:Refusal to grant leave to question acquittal under Section 378(3) of the Code of Criminal Procedure, 1973; Failure of trial court to carefully appraise evidence; Lack of reasons provided by High Court for refusing to grant leave to file appeal against acquittal.Analysis:Issue 1: Refusal to grant leave to question acquittal under Section 378(3) of the Code of Criminal Procedure, 1973:The appellant challenged the High Court's order of refusal to grant leave to file an appeal against the acquittal of the accused. The appellant contended that the High Court's one-line order of 'No merit. Dismissed' without providing reasons did not meet the legal requirements. Section 378(3) of the Code requires the High Court to grant leave for an appeal against acquittal. The High Court's failure to provide reasons for its decision rendered the order indefensible according to the appellant.Issue 2: Failure of trial court to carefully appraise evidence:The trial court acquitted the accused based on the lack of independent witnesses supporting the prosecution's version. The trial court noted that the prosecution heavily relied on official witnesses and found the lack of independent witnesses at the time of search and seizure suspicious. The appellant argued that the trial court's failure to critically evaluate the evidence obligated the High Court to entertain the appeal. The High Court's refusal to grant leave deprived the appellate forum of scrutinizing the order of acquittal thoroughly.Issue 3: Lack of reasons provided by High Court for refusing to grant leave to file appeal against acquittal:The High Court's order lacked reasons for denying leave to file an appeal against the acquittal. The appellant emphasized the importance of reasons in judicial orders to ensure clarity and transparency in decision-making. Citing previous judgments, the appellant highlighted the necessity of providing reasons in such cases to uphold the principles of natural justice and judicial discipline. The Supreme Court held that the absence of reasons in the High Court's order rendered it unsustainable and set it aside. The Court granted leave to the State to file the appeal and directed the High Court to entertain the appeal, hear it, and dispose of it in accordance with the law.In conclusion, the Supreme Court found the High Court's judgment unsustainable due to the lack of reasons provided for refusing to grant leave to file an appeal against the acquittal. The Court emphasized the importance of reasons in judicial orders for transparency and adherence to legal principles. The judgment granted leave to the State to file the appeal and directed the High Court to proceed with the appeal in a lawful manner.
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