Criminal Procedure Code, 1973, Section 378 -- Acquittal - Leave to appeal - Can be granted where view taken by Court while acquitting accused is clearly unreasonable...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - In cases where a reversal of acquittal is sought, Courts must keep in mind that presumption of innocence in favour of accused on the grounds of it surviving rigours of a full trial, is strengthened and stand fortified...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - High Court could have set aside order of acquittal in an appeal/revision, only if findings as recorded by trial Court were perverse or impossible...........
Criminal Procedure Code, 1973, Section 378(3), Indian Penal Code, 1860, Section 302, 34 -- Appeal against acquittal - Murder - Courts below has given a categorical finding that evidence is so scanty that accused cannot be punished or convicted for offences for which they are charged - Factual scenario will not permit us to take a different view than that taken by Court..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 372, 378(4) -- Dishonour of cheque - Appeal against acquittal - Complainant in a case u/s 138 of N.I. Act is not entitled to file an appeal against acquittal according to provision of S.372 Cr.P.C rather he may prefer an appeal before High Court invoking provision of S.378(4) Cr.P.C...........
Criminal Procedure Code, 1973, Section 378(4) -- Appeal - Drafting of appeal memo lacking some ingredients - Not a ground to dismiss appeal...........
Criminal Procedure Code, 1973, Section 378(3), 384(2) -- Appeal against acquittal - Leave to appeal - It is not mandatory for High Court to summon lower Court record in every case before deciding application for grant of leave u/s 378(3) Cr.P.C...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Appellate Court in acquittal appeal is not required to rewrite judgment or to give fresh reasoning, when reasons assigned by Court below are just and proper...........
Criminal Procedure Code, 1973, Section 378, Indian Penal Code, 1860, Section 447, 323, 34 -- Appeal against acquittal - Two views possible from the evidence of PWs - View which is favourable to accused and if it appears to Court that view taken by trial court is a reasonably possible, then, such view should not be disturbed by appellate court...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(1), 378(4), 256 -- Dishonour of cheque - Death of complaint during pendency of case - There is no provision in Cr.P.C or NI Act laying down that on account of death of payee, trial must be abate - Legal heirs of original complaint are entitled to come forward and ask for subsitiution..........
