Rama
v. State of Rajasthan(2002)4 SCC 571
The
Court has expressed about the duty of the appellate court thus:
.
... It is well settled that in a criminal appeal, a duty is enjoined
upon the appellate court to reappraise the evidence itself and it
cannot proceed to dispose of the appeal upon appraisal of evidence by
the trial court alone especially when the appeal has been already
admitted and placed for final hearing. Upholding such a procedure
would amount to negation of valuable right of appeal of an accused,
which cannot be permitted under law.”
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