Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973: Allegation of clandestine export – Two separate trials – Acquittal by two separate judgments – Appellate court considering evidence of only one case and convicting the accused – Propriety of – Held: Evidence recorded in a criminal trial against any accused is confined to the culpability of that accused only and it does not have any bearing upon a co- accused, who has been tried on the basis of evidence recorded in a separate trial, though for the commission of the same offence – In the instant case, High Court committed an error of law in dealing with the evidence of one trial for deciding both the appeals arising out of two separate trials – Prosecution in both the trials produced seven witnesses and filed 13 documents which were proved and exhibited – The witnesses in the second case were not examined in the same sequence as the first case and consequently, the 13 documents filed were also not given the same exhibit numbers in the second case as in the first case – Merely because the seven witnesses produced by the prosecution were the same in both the cases would not mean that the evidence was identical and similar because in the oral testimony, not only the examination-in-chief but also the cross- examination is equally important and relevant, if not more – Even if the examination-in-chief of all the seven witnesses in both the cases, although examined in different sequence, was the same, there could have been an element of some benefit accruing to the accused in each case depending upon the cross-examination which could have been conducted may be by the same counsel or a different counsel – The role of each accused cannot be said to be the same – The same witnesses could have deposed differently in different trials against different accused differently depending upon the complicity or/and culpability of such accused – All these aspects were to be examined and scrutinised by the Appellate Court while dealing with both the appeals separately and the evidence recorded in the respective trials giving rise to the appeals – High Court ought to have distinctly considered and dealt with the evidence of both the trials and then decide the culpability of the accused persons – Matter remitted to High Court for consideration afresh – Customs Act, 1962 – Administration of criminal justice – Fair trial. Code of Criminal Procedure, 1973: ss.367, 391 – In a criminal appeal against conviction, the appellate court examines the evidence recorded by the trial court and takes a call upon the issue of guilt and innocence of the accused – The scope of the appellate court’s power does not go beyond the evidence available before it in the form of a trial court record of a particular case, unless s.367 or s.391 comes into play in a given case, which are meant for further inquiry or additional evidence while dealing with any criminal appeal. |
Judge | Hon'ble Mr. Justice Vikram Nath |
Neutral Citation | 2021 INSC 697 |
Petitioner | A.T. Mydeen And Another |
Respondent | The Assistant Commissioner, Customs Department |
SCR | [2021] 10 S.C.R. 91 |
Judgement Date | 2021-10-29 |
Case Number | 1306 |
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