Supreme Court of India · 2012-10-01
Iqbal Abdul Samiya Malek vs State Of Gujarat
- Court
- Supreme Court of India
- Petitioner
- Iqbal Abdul Samiya Malek
- Respondent
- State Of Gujarat
- Bench
- Ranjan Gogoi, P. Sathasivam
Judgment text excerpt
The Supreme Court found that the High Court failed to follow the prescribed procedures under Section 386 of the Criminal Procedure Code (Crl.P.C.) in disposing of the appeal, as it did not adequately examine the evidence or the merits of the case. The Court emphasized that an Appellate Court must independently assess the credibility of witnesses and the reliability of evidence before reaching a conclusion. Consequently, the Supreme Court set aside the High Court's judgment and remitted the case for a fresh hearing, urging prompt resolution within six months.