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1999 (10) TMI 165 - SUPREME COURTWhether there was miscarriage of justice on the fact situation in this case as the learned Single Judge of the High Court proceeded to decide the appeal unaided by the arguments of an advocate at- least by appointing as Amicus Curiae to assist the court? Held that:- The present case seems to be a glaring example of failure of justice due to the absence of such legal assistance. Learned Single Judge of the High Court chose to confirm the conviction and the severe sentence passed on the 12 appellants after scrutinizing the evidence on its own, for which the following reasoning has been advanced by the learned Single Judge: On scrutiny of the evidence, it appears that the prosecution witnesses have proved the manner of occurrence whereas P.Ws.6, 8 and 14 have identified the dacoits by face. It appears that P.Ws.6, 8 and 14 had also stated before the Investigating Officer about the commission of the dacoity and they had also disclosed the names of the dacoits. After scrutiny of evidence, it appears to me that the prosecution has proved the charges against the appellants beyond all reasonable doubt. Apparently a serious error has been committed by the learned Single Judge which looms large in the aforesaid passage. He took into account a set of legally forbidden materials in reaching the conclusion. Appeal allowed and remit the case to the High Court for disposal of the appeal afresh in accordance with law
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