State of Uttarakhand v. Anil 2025 INSC 1170 - CrPC - Criminal Appeal

Code of Criminal Procedure 1973 -Section 374(2) -As the first appellate court, the High Court is expected to evaluate the evidence including the medical evidence, statement of the victim, statements of the witnesses and the defence version with due care. While the judgment need not be excessively lengthy, it must reflect a proper application of mind to crucial evidence. Albeit the High Court does not have the advantage to examine the witnesses directly, the High Court should, as an appellate Court, re-assess the facts, evidence on record and findings to arrive at a just conclusion in deciding whether the Trial Court was justified in convicting the accused or not -Large pendency of cases cannot come in the way of the Court’s solemn duty, particularly, when a person's liberty is at stake. (Para 8-10)