Sushil Kumar Shaw @ Sah v. State of West Bengal & Amr
Case brief
What is this about?
In these criminal revisional proceedings, the High Court reviewed an impugned appellate judgment which had set aside an order of acquittal. The core issue was the admissibility of the sole incriminating evidence, a rent receipt, which the trial court had admitted as a photograph copy contrary to statutory requirements. Finding the evidence inadmissible, the High Court upheld the remand of the case
What did the court decide?
The criminal revisional application is disposed of; the impugned appellate judgment is upheld; the case is remanded to the learned Trial Court to rehear parties and pass a fresh judgment.