September 22, 2018:

Each criminal trial is but a quest for search of the truth, Supreme Court.

These observations were made by Hon'ble Supreme Court while deciding the Criminal Appeal of a Lady who was initially acquitted by the Trial Court but in Appeal, High Court not only convicted her but also Sentenced her to 25 Years in Jail without remission.

Apex Court Bench was led by CJI Designate Justice Ranjan Gogoi along with Justices Navin Sinha and KM Joseph.

The appellant Smt. Shamim was convicted by the High Court under Sections 302/307/34, I.P.C. and sentenced to life imprisonment, after reversing her acquittal ordered by the trial court. The appellant was further denied the benefit of any remission in sentence, till she completes twenty ­five years of custody.

While upholding the conviction Apex Court found that here were some inconsistencies in the deposition of minor eyewitness evidence but they were minor and trivial in nature. But that cannot erase her credibility as a reliable witness to the occurrence.

Three Judge Bench observed that-

''The duty of a judge presiding over a criminal trial is not merely to see that no innocent person is punished, but also to see that a guilty person does not escape. One is as important as the other. Both are public duties which the Judge has to perform. The trail court had erred and misappreciated the evidence to arrive at an erroneous conclusion.''

However the portion of the HC Judgement which took away chances of remission was set aside while observing-

''Sentencing has always been a vexed question as part of the principle of proportionality. The issue however need not detain us further as once the appellant has been convicted with the aid of Section 34 I.P.C. there appears no justification to single her out for differential treatment for sentencing. In any event the High Court has not ascribed any special reasons for the same. We are therefore unable to sustain the direction for denial of remission to the appellant for twentyfive years and set aside the judgement to that extent only.''

Trial Courts duty bound to see that no innocent is punished, but also that no guilty person escapes, says SC, Read Judgement (Downloadable PDF)

Trial Courts Duty Bound to See That No Innocent is Punished, But Also That No Guilty Person Escapes, Says S... by Latest Laws Team on Scribd

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