Kanubhai Bhagvanbhai Nayak ….Appellant(s) VERSUS State of Gujarat ….Respondent(s)

The powers of the Appellate Court under Section 386 (b) of the Code of Criminal Procedure, 1973 – Whether the High Court was justified in dismissing the appeal filed by the accused and thereby was justified in confirming the conviction and the sentence awarded by the Additional Sessions Judge – High Court in it’s Appeal Power has to examine the each and every evidence of the prosecution – on issues arising in the case and the same should have been examined in the light of the challenge made by the accused in appeal and then a finding should have been recorded either of affirmation or modification or reversal, as the case may be. – mere mentioning that the trial court did all things correctly is not enough