38.
The jurisdiction of this Court in criminal appeals filed against
concurrent findings is circumscribed by principles summarised by this
Court in Mst. Dalbir Kaur and Others v. State of Punjab reported in
(1976) 4 SCC 158, para 8, as follows:
“8. Thus the principles governing interference by this Court in
a criminal appeal by special leave may be summarised as
follows:
(1) that this Court would not interfere with the concurrent
finding of fact based on pure appreciation of evidence even
if it were to take a different view on the evidence;
(2) that the Court will not normally enter into a
reappraisement or review of the evidence, unless the
assessment of the High Court is vitiated by an error of law
or procedure or is based on error of record, misreading of
evidence or is inconsistent with the evidence, for instance,
where the ocular evidence is totally inconsistent with the
medical evidence and so on;
(3) that the Court would not enter into credibility of the
evidence with a view to substitute its own opinion for that of
the High Court;
(4) that the Court would interfere where the High Court has
arrived at a finding of fact in disregard of a judicial process,
principles of natural justice or a fair hearing or has acted
in violation of a mandatory provision of law or procedure
resulting in serious prejudice or injustice to the accused;
(5) this Court might also interfere where on the proved facts
wrong inferences of law have been drawn or where the
conclusions of the High Court are manifestly perverse and
based on no evidence.”
(Emphasis supplied)
19
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