Supreme Court of India · 2003-12-16
State Of Punjab vs Bhag Singh
- Citation / case number
- AIR 2004 SUPREME COURT 1203
- Court
- Supreme Court of India
- Petitioner
- State Of Punjab
- Respondent
- Bhag Singh
- Author
- Arijit Pasayat
- Bench
- Doraiswamy Raju, Arijit Pasayat
Judgment text excerpt
The Supreme Court held that the High Court's refusal to grant leave to appeal against acquittal under Section 378(3) of the Code of Criminal Procedure, 1973, without providing reasons, is indefensible. The Court emphasized that the High Court is obligated to independently re-appraise evidence when the trial court fails to do so, particularly in cases where the prosecution relies solely on official witnesses without independent corroboration. The Court found that the High Court's dismissal of the appeal without reasons undermines the judicial process and necessitates a reevaluation of the acquittal.