Bhartiya Legal Infotech

High Court did not consider the specific case

03 June 2016

IN THE SUPREME COURT OF INDIA - CRIMINAL APPELLATE JURISDICTION - CRIMINAL APPEAL NO.524 OF 2016 (Arising out of SLP (Crl.) No. 2496 of 2016) - Indira Devi and Ors. …..Appellants Versus State of Himachal Pradesh …..Respondent

A perusal of the impugned judgment shows that the High Court did not consider the specific case of the appellants as noted above that they were merely by-standers and specific allegations against them have been added subsequently, contrary to the statement before the police. We find that the High Court erred in not analyzing the evidence of the victim PW-1 as well as the medical evidence with care and caution in the light of specific defence of the appellants that there was no reliable material and circumstances to rope them with the assault upon the victim made by the other accused persons, with the aid of Section 149 of the IPC. On this account the impugned judgment and order therefore stands vitiated not only on facts but also in law.