•  “Iqbal Abdul Samiya Malek vs. State of Gujarat” [CRIMINAL APPEAL NO.1584 OF 2012 in SPECIAL LEAVE PETITION (CRL.) NO. 3583 OF 2012)] Hon’ble Supreme Court held that:

    “It is the duty of an Appellate Court to look into the evidence adduced in the case arrive at an independent conclusion as to whether the said evidence can be relied upon or not and even it can be relied upon then whether the prosecution can be  said  to  have  proved beyond reasonable doubt on the said  evidence.  The credibility of a witness has to be adjudged by Appellate Court in drawing inference from proved and admitted facts.”

    On the facts of the case, Supreme Court observed that:

    "In view of the above contention, we have gone through the impugned judgment of the High Court. As rightly pointed out by the learned counsel appearing on behalf of the appellants, after narrating the case of the prosecution and the defence as well as the order of the Sessions Judge convicting the appellants, without adverting to all the materials, the High Court has merely disposed of the appeal. The procedure followed by the High Court in a matter of this nature is not acceptable. Elaborate procedures have been prescribed under Section 386 of Crl.PC. for disposal of the appeal by the Appellate Court.