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2006 (9) TMI 539 - SC - Indian Laws
Whether order of acquittal passed by the trial court in respect of respondent Nos. 2 to 5 legally correct?
Issues:
1. Correctness of the order passed by the Rajasthan High Court dismissing the revision application filed by the appellant.
2. Legality and correctness of the order of acquittal passed by the trial court in respect of respondent Nos. 2 to 5.
3. Maintainability of the special leave petition.
4. Locus standi of the appellant to file the appeal.
Analysis:
1. The appellant challenged the order of the Rajasthan High Court dismissing the revision application under Section 397 read with Section 401 of the Cr.P.C. The High Court dismissed the revision application on the ground that the State's application for grant of leave had been rejected. The appellant argued that the High Court's order lacked reasons for rejecting the State's application, rendering it indefensible. The absence of reasons made the High Court order unsustainable, as clarity and justification are essential in judicial decisions. The appellant contended that the revision application should have been considered independently of the State's application for leave. The Supreme Court emphasized the importance of providing reasons in judicial orders, citing previous cases that highlighted the necessity of clarity in decision-making.
2. The trial court had acquitted respondent Nos. 2 to 5 of offences under the IPC and the Atrocities Act. The State of Rajasthan sought leave to appeal against the acquittal, which was rejected. The appellant filed a revision application challenging the acquittal. The Supreme Court noted that the trial court's acquittal raised significant questions, including the credibility of eyewitnesses and the adequacy of the trial court's assessment of evidence. The High Court's failure to provide reasons for denying leave to appeal against the acquittal was deemed unsatisfactory. The Supreme Court emphasized the duty of the High Court to scrutinize acquittal orders thoroughly and provide reasoned decisions. The Court directed the High Court to consider both the State's application for leave and the appellant's revision application together, in accordance with the law.
3. The respondents questioned the maintainability of the special leave petition filed by the appellant. The Supreme Court clarified that Article 136 of the Constitution grants the Court plenary power to interfere in cases where a judgment of acquittal results in a miscarriage of justice. The Court affirmed that interested private parties, not just the State, can invoke the Court's jurisdiction under Article 136. The Court highlighted that the power under Article 136 is not limited by who files the appeal, emphasizing that the Court's intervention is based on the merits of the case and the demands of justice.
4. Respondents Nos. 2 to 5 raised concerns about the appellant's locus standi to file the appeal. The Supreme Court dismissed these doubts, reiterating that interested private parties have the right to appeal under Article 136. The Court emphasized that the power under Article 136 is not constrained by procedural limitations regarding who can invoke the Court's jurisdiction. The Court clarified that the power under Article 136 is to be exercised by the judges with adherence to established judicial principles and precedents, ensuring fair and just proceedings.