Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether the High Court could set aside convictions in one batch of appeals by relying only on evidence from a connected case without considering the record of the separate trial in the other case.
Analysis: The appellate court is required to examine the record of the particular case before it and decide the appeal on the evidence adduced in that case. A conclusion on consent or willingness of the prosecutrix in one prosecution cannot automatically govern a different prosecution arising out of the same occurrence, because the factual matrix and the accused involved may differ. Since the High Court appears not to have considered the evidence in the first sessions case and instead disposed of all the appeals on the basis of the second case alone, the merits of each conviction could not properly be assessed at the Supreme Court stage.
Conclusion: The common judgment of the High Court was set aside and the matters were remanded to the High Court for fresh disposal in accordance with law.