TMI Blog1950 (5) TMI 20X X X X Extracts X X X X X X X X Extracts X X X X ..... hich has been found to be substantially true by both the trial judge and the High Court may be shortly stated as follows. On the 28th December, 1948, Pritam Singh had made indecent overtures to one Punni, wife of Kakarra Chamar, who had been brought into the village by Buta Singh, the deceased, about 10 or 12 years ago. Buta Singh, on learning of this incident, spoke to Pritam Singh, but finding that his attitude was uncompromising, he advised Kakarra to go to the police station to report the matter. On the next day, while Kakarra was going to the police station, Mal Singh, the first prosecution witness in the case, brought him back telling him that Pritam Singh had apologized and the matter should not be pursued. On the 30 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his conclusion, he referred to the following facts among others :--(1)that the first information report had been lodged at the police station without any delay, (2)that the names of at least 4 of the alleged eye-witnesses were mentioned in the report, and (3) that no sufficient reason had been shown as to why the prosecution witnesses should have conspired to falsely implicate the accused in a murder case, if he had been innocent. The High Court on appeal agreed with the Sessions Judge, and the learned Judge who delivered the judgment of the High Court observed as follows in the concluding part of his judgment :-- I have given the case every consideration and I have come to the conclusion that the learned Sessions Judge was right in holdin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uments advanced by the learned counsel for the appellant, is that this Court is not an ordinary Court of criminal appeal and will not, generally speaking, allow facts to be reopened, especially when two Courts agree in their conclusions in regard to them and when the conclusions of fact which are challenged are dependent on the credibility of witnesses who have been believed by the trial Court which had the advantage of seeing them and hearing their evidence. In the present case. the story for the prosecution, which is neither incredible nor improbable, is supported by no less than 5 witnesses including the mother of the deceased, and their evidence, in spite of its infirmities, has impressed 4 assessors and the two Courts below, who, in ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... earing of the appeal which are fit to be urged at the preliminary stage when leave to appeal is asked for, and it would be illogical to adopt different standards at two different stages of the same case. It seems also necessary to make a few general observations relating to the powers of this Court to grant special leave to appeal in criminal cases. The relevant articles of the Constitution dealing with the appellate jurisdiction of the Supreme Court are articles 132 to 136. Article 132 applies both to civil and criminal cases and under it an appeal shall lie to the Supreme Court from any judgment, decree...... or final order of a High Court, whether in a civil, criminal or other proceeding, if the High Court certifies that the case involve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tters; secondly, that the words used in this article are in any cause or matter, while those used in articles 132 to 134 are civil, criminal or other proceeding, and thirdly, that while in articles 132 to 134 reference is made to appeals from the High Courts, under this article, an appeal will lie from any court or tribunal in the territory of India. On a careful examination of article 136 along with the preceding article, it seems clear that the wide discretionary power with which this Court is invested under it is to be exercised sparingly and in exceptional cases on13,, and as far as possible a more or less uniform standard should be adopted in granting special leave in the wide range of matters which can come up before it under t ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
