Describing Any Court "Lower Court" Against Constitution's Ethos; Don't Call Trial Court Record "Lower Court Record" : Supreme Court

The Supreme Court recently observed that the records of the Trial Court should not be called "Lower Court Records" as describing any Court as a Lower Court was against the ethos of the Constitution."The record of the Trial Court should not be referred to as “Lower Court Record”. Describing any Court as a “Lower Court” is against the ethos of our Constitution," observed the bench comprising Justice Abhay S Oka and Justice AG Masih while deciding a criminal appeal.In this regard, the bench reiterated its direction given on February 8, 2024 to the Registry. “The record of the Trial Court should not be referred to as Lower Court Record (LCR). Instead, it should be referred as the Trial Court Record (TCR),” the Court had observed in its order passed on February 8, 2024. Following that, the Registry issued a circular on February 28, 2024.The Court made these observataion while setting aside the life sentence imposed on two appellants for the offences under Section 302 and 307 of the eIPC.Here, the Court noted that three eyewitnesses had filed affidavits in the bail hearings of the accused denying their involvement. However, no further investigation was carried out on the basis of the said affidavits. Rather, the prosecution suppressed these affidavits. The Supreme Court regarded this as a major flaw."As the prosecution has not conducted a fair investigation and has suppressed important material in the form of affidavits of PW-5 to PW-7, it is unsafe to convict the appellants only on the basis of the testimony of PW-4. The failure to conduct further investigation based on the affidavits goes to the root of the matter. The failure to recover the weapons of offence also becomes relevant in the background of these circumstances," the Court observed.Also Read - District Judiciary Should Not Be Called 'Subordinate Judiciary' : Supreme CourtCase : Sakhawat and another vs State of Uttar PradeshCitation : 2025 LiveLaw (SC) 626Click here to read the judgment

Describing Any Court "Lower Court" Against Constitution's Ethos; Don't Call Trial Court Record "Lower Court Record" : Supreme Court

LIVELAW NEWS NETWORK

Tags