08 May 2019
The Hon’ble Supreme Court decides when it can get into the question of re-Appreciation of evidence
The present appeal arose from the judgement dated 05.03.2009 passed by the High court of Gujarat at Ahmedabad in Criminal Appeal No. 10 of 2001 in which the High court had affirmed the conviction of the Appellant/Accused No.1 under section 302 IPC read with section 34 IPC along with the sentence imposed. The High Court also affirmed the conviction of the appellant under section 307IPC read with section 34 IPC and under section 25(c) of the Arms Act. However, the High court acquitted appellant for the offence under section 3(1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Holding that the guilt of the accused has not been proved beyond reasonable doubt and the benefit has to be given to the accused. The Hon’ble Court also pointed out that the High Court had not appreciated the oral evidence, other evidence and the points raised by the Appellant/ Accused No.1 while dismissing the appeal. The Hon’ble whilst allowing the appeal set aside the conviction of appellant-accused No.1 under Section 302 IPC read with Section 34 IPC and Section 307 IPC read with Section 34 IPC and under Section 25(c) of the Arms Act and accordingly, the Appellant/Accused No.1- Ashoksinh Jayendrasinh was ordered to be released.