LAW FOR ALL

Misapplication of apex court Nar Singh’s case- judgment - Remand applies only when the accused questioned prejudice due to non following of procedure in trial court - but not suo moto - In our view, the High Court has not properly appreciated Nar Singh’s case where this Court laid down that the appellate court can order for fresh trial from the stage of examination under Section 313 Cr.P.C., only in cases where failure to question the accused on certain incriminating evidence has resulted in serious prejudice to the accused. The High Court, in our view, has not properly appreciated the ratio laid down in Nar Singh’s case and erred in applying the same to the present case. - When the accused prefers an appeal against their conviction and sentence, the appellate court is duty bound to consider the evidence on record and independently arrive at a conclusion. In our considered view, the High Court erred in remitting the matter back to the trial court for fresh trial and the impugned order cannot be sustained.