Independent Application of Mind in Criminal Appeals – Supreme Court’s Powerful Reminder

The Hon’ble Supreme Court of India has emphatically reiterated that the High Courts, as the first appellate courts under Section 374(2) CrPC, bear a solemn duty to independently re-assess and re-appreciate the entire body of evidence – including medical evidence, statements of the victim, testimonies of witnesses, and the defence version.

While appellate judgments need not be unnecessarily lengthy, they must unmistakably reflect a proper application of judicial mind to crucial pieces of evidence. The Court has clarified that even though the High Court does not enjoy the advantage of observing witnesses directly, it is mandated to re-examine facts and evidence with judicial objectivity to ensure that the trial court’s conviction stands the test of fairness, legality, and justice.

Dr. Anthony Raju, Advocate Supreme Court, Leading Criminal Lawyer of India and Chairman of the Indian National Human Rights Protection Council, strongly endorses this judicial principle, stating:

“The role of the appellate courts is not a mere formality but a constitutional safeguard against miscarriage of justice. Independent application of mind is not an option – it is an obligation. Re-assessment of facts and evidence is the bedrock of criminal jurisprudence, ensuring that no conviction survives without scrutiny and that the rights of both the victim and the accused are equally protected.”

This pronouncement reinforces the doctrine that justice must not only be done but must manifestly be seen to be done, particularly in criminal cases where the life and liberty of individuals are at stake.

Read the full judgment here: Supreme Court Order

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