Supreme Court of India · 2024-12-12
Amar Sardar vs The State Of West Bengal
- Citation / case number
- 2024 INSC 1040
- Court
- Supreme Court of India
- Petitioner
- Amar Sardar
- Respondent
- The State Of West Bengal
Judgment text excerpt
The Supreme Court held that the High Court, while exercising its appellate jurisdiction under Section 374(2) of the Code of Criminal Procedure, 1973, failed to independently evaluate the evidence presented in the criminal appeal against conviction for offences under Sections 376, 511, and 354 of the IPC. The Court emphasized the necessity for an appellate court to apply its mind independently and assess the credibility of evidence beyond reasonable doubt. Consequently, the Supreme Court set aside the High Court's judgment and remanded the matter for fresh consideration, ensuring proper evaluation of evidence.