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Criminal Procedure Code QUESTION #9501
Question 1
The trial Court in a civil suit, after full trial, passes a judgment. The losing party B files an appeal. The appellate Court, without conducting a hearing on merits, reverses the trial Court's decree only because it disagrees with the trial Court's findings of fact, without identifying any specific perversity or misreading of evidence. Is this valid appellate exercise?
  • Yes; an appellate Court can freely re-appreciate evidence
  • No; an appellate Court can reverse only on questions of law
  • Yes; a first appeal is a rehearing on facts and law
  • No; while an appellate Court can re-appreciate evidence, reversal requires more than mere disagreement; the appellate Court must assign reasons for disagreeing with the trial Court's findings and identify how the evidence was misread or ignored✔️
Correct Answer Explanation
The CPC and settled principles of appellate jurisprudence require that a first appellate Court, while having jurisdiction to reassess evidence, must not substitute its own findings for those of the trial Court without adequate reasons. Reversal on facts requires the appellate Court to demonstrate perversity, misreading, or improper appreciation of evidence, not mere disagreement.