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october 2012

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.

Iqbal Abdul Samiya Malek vs State Of Gujarat · Niyam