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november 1971

Supreme Court of India · 1971-11-29

DAMODARPRASAD CHANDRIKAPRASAD & ORS. vs STATE OF MAHARASHTRA

Citation / case number
SC 1968/60360
Court
Supreme Court of India
Petitioner
DAMODARPRASAD CHANDRIKAPRASAD & ORS.
Respondent
STATE OF MAHARASHTRA
Bench
RAY, A.N.

Judgment text excerpt

The Supreme Court held that the High Court erred in admitting the First Information Report (FIR) under Section 157 of the Evidence Act, as it could not serve as substantive evidence without the maker's testimony. However, the Court upheld the High Court's decision to convict the appellants based on other evidence, affirming that the appellate court can review both law and fact while respecting the trial court's credibility assessments. The Court emphasized that if the trial court's view is unreasonable, it justifies interference by the appellate court.

DAMODARPRASAD CHANDRIKAPRASAD & ORS. vs STATE OF MAHARASHTRA · Niyam