The High Court observed that the magistrate only enlisted the prosecution witnesses, but failed to discuss a single word about the evidence they gave.
It also noted that in the absence of a discussion on the contradictions and omissions in the judgment, it was difficult to believe that the non-examination of the investigating officer had an adverse effect on the prosecution case.
“The judgment and order of acquittal is without reasons, appreciating the evidence and ignoring the direct evidence. The soul and heart of the judgment are missing in it. The order before this Court is bad in law and full of errors, illegalities and improprieties,” the order said.
It thus remitted the matter to the magistrate for reconsideration of the evidence and rewriting of the judgment.
Source: Barandbench
