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.