1945 (7) TMI 15

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.... no evidence at all on which any conviction could be based a Court of Criminal Appeal is not justified in reversing the Court of first instance by placing reliance on the very evidence which had been entirely rejected by the Court of first instance." 2. Their Lordships were referred, rightly enough, to the decision of this Board in the case in Sheo Swarup v. Emperor ('34) 21 A.I.R. 1934 ....

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....a view which is quite common in such cases, that the Board will always assume that a Court has followed the proper practice unless something appears which proves the contrary. In the present case the High Court judgment shows that they have been at pains to deal in detail with the reasons given by the Sessions Judge for disbelieving the group of witnesses, the Patwari and the other three alleged e....