Criminal Procedure Code, 1973, Section 372, 378 -- Appeal against acquittal - Leave to appeal - No period of limitation is prescribed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29, Criminal Procedure Code, 1973, Section 378(3) -- Recovery of 500 gms charas - Appeal against acquittal - Leave to appeal - Grant of - No independent witness examined by prosecution and only official witnesses are examined - No evidence on record that official witnesses had hostile animus against accused..........
Criminal Procedure Code, 1973, Section 378(3) -- Appeal against acquittal - High Court entitled to re-appreciate evidence if it is found that view taken was not a possible view or that it is perverse or infirm or erroneous view - More so, where admissible evidence is ignored by trial Court then duty is imposed upon appellate Court to re-appreciate evidence when accused has..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, Criminal Procedure Code, 1973, Section 378(3) -- Recovery of 1.150 kg charas - Appeal against acquittal - Leave to appeal - Accused acquitted on the concept of two views theory - When two contradictory views are possible as per testimonies of eye witnesses then view favorable to accused should be adopted by..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4), 401(4) -- Dishonour of cheque - Acquittal - It is special leave to appeal and not revision which is maintainable against order of acquittal...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Double presumption in favour of accused viz. : (i) presumption of innocence available to accused unless he is proved guilty by a competent Court of law; (ii) accused having secured his acquittal, presumption of innocence further reinforced, reaffirmed and strengthened...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Merely because appellate Court on re-appreciation and re-evaluation of evidence is inclined to take a different view interference with judgment of acquittal is not justified...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Double presumption in favour of accused in case of acquittal: (i) presumption of innocence; (ii) accused having secured an acquittal. Court would not interfere until it is shown conclusively that inference of guilt is irresistible...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Refusal of leave to appeal - High Court while refusing leave must indicate the reasons for refusal to grant leave - Refusal of leave to appeal has the effect of foreclosing the right once for all and therefore there is need to record reasons when High Court refuses such leave...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Appeal against acquittal - S.378(4) Cr.P.C. would apply not only to an original order of acquittal in a case of complaint but also to an order of acquittal passed by Sessions Court in appeal - Nothing in S.378(4) Cr.P.C. to limit its application only to..........
