Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Appellate Court can interfere with the order of acquittal only when there are compelling circumstances and the judgment under appeal is found to be perverse...........
Criminal Procedure Code, 1973, Section 378(1), 401 -- Revision against order of discharge - Revision filed by police Inspector Incharge of police station who filed the charge sheet - Held, no illegality committed and revision maintainable - S.378 (1) requiring State Govt. to file appeal against acquittal by Public prosecutor would not come in the way of filing revision by..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Contention that High Court had misread evidence with regard to presence of electric lights/connections at three places where murders had been committed and that court had ignored vital aspects in evidence while rendering its judgment with regard to six ghastly murders - Held, High Court's order was..........
Criminal Procedure Code, 1973, Section 378 -- Corruption case - Accused acquitted primarily on the ground of non production of material witnesses relating to trap organized in pursuance to the written complaint - Prosecutor Incharge not only failed to seek permission from the Court to cross examine complainant who had resiled from the recitals of the complaint but also..........
Criminal Procedure Code, 1973, Section 378, Constitution of India, 1950, Article 134 -- Acquittal - Appeal against - Interference by Supreme Court - High Court has considered evidence on record in detail - Held, different view cannot be taken - Appeal dismissed...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Appellate Court should not ordinarily set aside a judgment of acquittal in a case where two views are possible though view of appellate Court is more probable...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Principles governing - (i) There is no limitation on the part of the appellate court to review the evidence upon which the order of acquittal is founded and to come to its own conclusion; (ii) The appellate court can also review the trial court's conclusion with respect to both facts and law; (iii)..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 378 -- Dishonour of cheque - Appeal against acquittal - Interference by HC when permissible - Held, HC in an appeal against acquittal can only interfered if trial court has committed any illegality in passing judgment or judgment is perverse - There is nothing on record to establish..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 378 -- Brutal murder at night - Occurrence witnessed by wife of deceased - Evidence of wife and son of deceased found credible - Eye witnesses account fully corroborated by medical evidence - Acquittal set aside - Held, mere fact that witness of extra judicial confession or recovery of weapon etc...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Appellate Court has power to reappreciate evidence but should be slow in interfering with the same - It must be shown that judgment impugned was palpably wrong, manifestly erroneous or demonstrably unsustainable...........
