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2022 (1) TMI 1295 - SC - Indian LawsAcquittal of respondent accused under Sections 354, 504, 506 of the IPC, Section 3(1)(x) and 3(1)(xi) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 - evidences have not been appreciated properly - principles of natural justice - HELD THAT:- The High Court has only made general observations on the deposition of the witness examined. However, there is no reappreciation of the entire evidence in detail which exercise ought to have been made by the High Court while dealing with the judgment and order of acquittal. The High Court ought to have reappreciated the entire evidence on record as it was dealing with a first appeal. Being the first appellate court, the High Court was required to reappreciate the entire evidence on record and also the reasoning given by the learned Trial Court. On perusal of the impugned judgment and order passed by the High Court, it is found that decision of the High Court is totally erroneous as it has ignored the settled legal position. The High Court has not at all discussed and/or reappreciated the entire evidence on record. In fact, the High Court has only made the general observations on the deposition of the witnesses examined. However, there is no reappreciation of entire evidence on record in detail, which ought to have been done by the High Court, being a first appellate court. Under the circumstances on the aforesaid ground alone, impugned judgment and order passed by the High Court deserves to be quashed and set aside and the same is to be remanded back to the High Court to decide the appeal afresh in accordance with law and on its own merits being mindful of the observations made. The impugned judgment and order passed by the High Court is hereby quashed and set aside. The appeal before the High Court is ordered to be restored to its original file.
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