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Harisingh M. Vasava vs State Of Gujarat on 27 February, 2002

It is a well-settled principle in law that though the first appellate court like the High Court in this case sits as a court of appeal on facts also while considering an appeal from the judgment of the trial court and in that process it can re-appreciate the evidence on record to arrive at a just conclusion, this Court in more than one case has held that while so re-appreciating the evidence, the appellate court should first analyse the findings of the trial court and then for valid reasons to be recorded the appellate court can reverse such finding of the trial court. The said decisions also hold that the appellate court while sitting as a court of appeal should not substitute the finding of the trial court merely because another view is possible to be taken on the same sets of facts. (See : Rajendra Prasad vs. State of Bihar (1977 2 SCC 205), Harisingh M.Vasava vs. State of Gujarat (2002 3 SCC 476) and Joseph vs. State of Kerala (2003 1 SCC 465).
Supreme Court of India Cites 3 - Cited by 8 - Full Document

Rajendra Prasad vs State Of Bihar on 25 February, 1977

It is a well-settled principle in law that though the first appellate court like the High Court in this case sits as a court of appeal on facts also while considering an appeal from the judgment of the trial court and in that process it can re-appreciate the evidence on record to arrive at a just conclusion, this Court in more than one case has held that while so re-appreciating the evidence, the appellate court should first analyse the findings of the trial court and then for valid reasons to be recorded the appellate court can reverse such finding of the trial court. The said decisions also hold that the appellate court while sitting as a court of appeal should not substitute the finding of the trial court merely because another view is possible to be taken on the same sets of facts. (See : Rajendra Prasad vs. State of Bihar (1977 2 SCC 205), Harisingh M.Vasava vs. State of Gujarat (2002 3 SCC 476) and Joseph vs. State of Kerala (2003 1 SCC 465).
Supreme Court of India Cites 4 - Cited by 49 - P K Goswami - Full Document
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