Bombay High Court Criticizes Sessions Judge For Giving “Single-Line” Reasoning While Setting Aside Magistrate’s Detailed Order
Case: A v. B
Coram: Justice SG Mehare
Case No.: Criminal Revision Application No. 36 of 2020
Court Observation: The learned Additional Sessions Judge has recorded a single-line reason that there is sufficient evidence to establish the domestic violence caused to the appellant. Again, such a single-line reason is not expected from senior judges like District judges. He appears to have ignored the rules of writing judgment in appeal. The appellate Court has to write a Judgment as if it is a trial before it. It has to record the reasons. Writing a Judgment in appeal is rewriting the judgment.
The appellate Courts are also governed under rules including standard of reviewing the Judgment and order of the trial Court. It has to reappreciate the evidence and assign the reason for its conclusions. The appellate Court has to assign reasons if it disagrees with the findings of the trial Court. Merely writing a single line about failing to consider the evidence, material placed on record, and the facts elicited in proper perspective is incorrect in law
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