TMI Blog2008 (1) TMI 933X X X X Extracts X X X X X X X X Extracts X X X X ..... spondents (hereinafter referred to as the 'accused') faced trial for alleged commission of offences punishable under Sections 436, 447, 427, 147 and 506 of the Indian Penal Code, 1860 (in short 'IPC'). 3. The prosecution case, in brief, is that the complainant Smt. Manjit Kaur is a resident of Village Abada Barana, Distt. Una, H.P. She is a house wife. On 30.6.2003 at about 5.45 p.m. she and her sister-in-law Nirmala Devi were watching television in their house and their children were playing outside, while her husband Gurdial Singh had gone to Kuthar to bring medicines. In the meantime daughter of her sister-in-law aged about 13 years named Poonam came there and told that some persons were uprooting creepers from their f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n persons were examined as witnesses. PWs. 1 and 4 apart from others were stated to be eye-witnesses. The High Court found that there was some delay in lodging the FIR and though large number of people were claimed to have gathered at the spot, the witnesses could not have seen the accused persons. The High Court also found that there was some dispute between the parties and, therefore, the prosecution version was suspect. Accordingly, the accused persons were acquitted. 4. The appellant-State filed an application for grant of leave. High Court disposed of the application in the following manner: Dismissed 5. According to learned Counsel for the appellant-State it was imperative on the High Court to indicate reasons as to why the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... were not trivial. The High Court has not given any reasons for refusing to grant leave to file appeal against acquittal, and seems to have been completely oblivious to the fact that by such refusal, a close scrutiny of the order of acquittal, by the appellate forum, has been lost once and for all. The manner in which appeal against acquittal has been dealt with by the High Court leaves much to be desired. Reasons introduce clarity in an order. On plainest consideration of justice, the High Court ought to have set forth its reasons, howsoever brief, in its order indicative of an application of its mind, all the more when its order is amenable to further avenue of challenge. The absence of reasons has gendered the High Court order not sustai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... validity of the decision. Right to reason is an indispensable part of a sound judicial system, reasons at least sufficient to indicate an application of mind to the matter before Court. Another rationale is that the affected party can know why the decision has gone against him. One of the salutary requirements of natural justice is spelling out reasons for the order made, in other words, a speaking out. The inscrutable face of a sphinx is ordinarily incongruous with a judicial or quasi-judicial performance. Page 0270 9. The aforesaid aspects were highlighted by this Court in State of Punjab v. Bhag Singh . 10. In view of the aforesaid legal position, the impugned judgment of the High Court is unsustainable and is set aside. We gr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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