SC Explains Scope of Interference in Criminal Appeal by SLP Under Article 136 of Constitution

SUPREME COURT LAW INSIDER

Debangana Ray

Published on July 17, 2022 at 19:12 IST

In a judgment dismissing a criminal appeal, the Supreme Court explained the scope of criminal appeals by special leave under Article 136 of the Constitution of India.

The power under Article 136 is exercisable only when this Court is satisfied that it is necessary to interfere in order to prevent grave or serious miscarriage of justice.

Article 136 of the Constitution of India is an extraordinary jurisdiction which this Court exercises when it entertains an appeal by special leave and this jurisdiction, by its very nature, is exercisable only when this Court is satisfied that it is necessary to interfere in order to prevent grave or serious miscarriage of justice.

It is only in rare and exceptional cases where there is some manifest illegality or grave and serious miscarriage of justice on account of misreading or ignoring material evidence, that this Court would interfere with re-appreciation of evidence.

The Supreme Court does not function as a regular Court of Appeal in every criminal case.

This Court does not interfere with the concurrent findings of fact unless it is established.

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