LAW FOR ALL

Acquittal basing on general diary and opinion of public not correct - Trial court did wrong - High court correctly reversed the order and convicted him - Apex court held that Perversity of the trial court’s judgment becomes apparent when one finds the undue importance given by it to the diary entries made by the investigating officer PW7-Sheomurthy Singh. PW7 stated that it was mentioned by him in the case diary that it was the opinion of general public that involvement of the accused except Umesh Chandra Rai-A6 is false. The trial court made a perverse observation that the investigating officer never tried to find out whether this rumour is true and submitted charge-sheet. Such reliance on diary entries is not permissible (Mohd Ankoos and Shamshul Kanwar). Besides, the general feeling of the society has no relevance to a criminal case. A court deciding a criminal case must go by the legal evidence adduced before it. The trial court’s order thus suffered from a gross error of law warranting the High Court’s interference.= ASHOK RAI …APPELLANT Versus STATE OF U.P. & ORS. …RESPONDENTS = 2014 (April.Part ) http://judis.nic.in/supremecourt/filename=41413