Supreme Court Remands Criminal Appeal for Fresh Hearing Due to Lack of Independent Review by High Court.


In Amar Sardar v/s The State of West Bengal., the appellant in this case challenged the judgment dated May 15, 2024, passed by the Calcutta High Court, which dismissed his appeal (C.R.A. 111/2019) against his conviction for offences under Sections 376, 511, and 354 of the Indian Penal Code (IPC). The appellant had been convicted by the Fast Track Court, Howrah, on January 7, 2019, and sentenced to imprisonment for two years for Section 354 IPC and seven years for Sections 376 and 511 IPC, with fines imposed for each.

In his appeal, the appellant contended that the High Court had not independently evaluated the evidence on record but merely upheld the trial court’s findings without providing sufficient reasoning or analysis. The appellant argued that the High Court had failed to critically examine the evidence and had only reproduced the trial court’s findings without offering an independent justification for sustaining the conviction. The State argued that the High Court had properly considered the trial court’s judgment and upheld the conviction, thus the appeal should be dismissed.

 
 


The Supreme Court observed that when hearing a criminal appeal, the High Court must independently evaluate all evidence on record, including medical evidence, the victim’s statements, and witness testimonies. The Court emphasized that the High Court should not simply concur with the trial court’s judgment but must provide a detailed, reasoned analysis, especially since a conviction affects an individual's liberty.

In this case, the Supreme Court found that the High Court had not sufficiently considered the evidence and merely relied on the trial court’s findings. The judgment, though structured, lacked an independent evaluation of the facts and evidence. As a result, the Supreme Court set aside the High Court’s judgment and remanded the case back for a fresh hearing, directing the High Court to consider the evidence and arguments thoroughly and pass a new, well-reasoned judgment in accordance with the law. The Supreme Court also noted that the appellant had been granted bail during the proceedings, and it left the decision of suspension of sentence to the High Court.


Section 354., Indian Penal Code - 1860  

Section 376., Indian Penal Code - 1860  

Section 511., Indian Penal Code - 1860  

Indian Penal Code, 1860