TMI Blog2008 (2) TMI 938X X X X Extracts X X X X X X X X Extracts X X X X ..... utiny 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. Reason is the heartbeat of every conclusion, and without the same it becomes lifeless. (See Raj Kishore Jha v. State of Bihar and Ors. [ 2003 (10) TMI 640 - SUPREME COURT] . The emphasis on recording reasons is that if the decision reveals the inscrutable face of the sphinx , it can, by its silence, render it virtually impossible for the Courts to perform their appellate function or exercise the power of judicial review in adjudging the validity of the decision. Right to reason is an indispensable pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court, Prevention of Corruption Act, Kota in Sessions Case No. 8 of 2001 directed acquittal. The basic reason for directing acquittal was that the prosecution has failed to prove the demand and acceptance of bribe and also that on the day the complainant claimed to have paid the bribe, no work was pending with the accused. The appellant State filed an application for grant of leave. The same has been rejected by the impugned order. To say the least the order is practicably unreasoned. The High Court appears to have lost sight of the fact that in the statement recorded under Section 313 Cr. P.C. the respondent specifically accepted that he has received a sum of ₹ 2,000/- from the complainant for payment of certain outstanding dues, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as regards guilt or otherwise of the accused. It has failed to do so. The questions involved were not trivial. The effect of the admission of the accused in the background of testimony of official witnesses and the documents exhibited needed adjudication in appeal. 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 o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s to denial of justice . Reasons are live links between the mind of the decision-taker to the controversy in question and the decision or conclusion arrived at . Reasons substitute subjectivity by objectivity. The emphasis on recording reasons is that if the decision reveals the inscrutable face of the sphinx , it can, by its silence, render it virtually impossible for the Courts to perform their appellate function or exercise the power of judicial review in adjudging the 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 agains ..... X X X X Extracts X X X X X X X X Extracts X X X X
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