Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 2017 (1) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (1) TMI 1764 - SC - Indian LawsRetrial of the case - whether there was serious irregularities in the prosecution case thereby necessitating retrial and whether the irregularities pointed out by the High Court are such as resulting in miscarriage of justice thereby constraining the High Court to set aside the judgment of the Sessions Court and direct for retrial? - HELD THAT:- In ZAHIRA HABIBULLA H SHEIKH AND ANR. VERSUS STATE OF GUJARAT AND ORS. [2004 (4) TMI 629 - SUPREME COURT], [Best Bakery case] being an extraordinary case, the Supreme Court was convinced that the witnesses were threatened to keep themselves away from the Court and in such facts and circumstances of the case, not only the Court directed a 'de novo' trial but made further direction for appointment of the new prosecutor and retrial was directed to be held out of the State of Gujarat. The High Court has not shown as to how the alleged lapses pointed out by the High Court have resulted in miscarriage of justice. When the Accused prefers an appeal against their conviction and sentence, the appellate court is duty bound to consider the evidence on record and independently arrive at a conclusion. The High Court erred in remitting the matter back to the trial court for fresh trial and the impugned order cannot be sustained. The matter is remitted back to the High Court for consideration of the matter afresh - Appeal allowed by way of remand.
|