Criminal Procedure Code, 1973, Section 256, 378 -- Death of complainant - Appeal against acquittal - Impleadment of LRs of complainant - Held, no provision in the Code providing impleadment of person in place of appellant who has preferred an appeal either u/s 372 or 378(4) CrPC - Right to prosecute an appeal is provided only in favour of heirs of deceased appellant who..........
Criminal Procedure Code, 1973, Section 378, 386 -- Appeal against acquittal - Procedure to be adopted - Held, in exceptional cases where there are compelling circumstances and judgment under appeal is found to be perverse, appellate court can interfere with order of acquittal - Appellate court should bear in mind presumption of innocence of accused...........
Criminal Procedure Code, 1973, Section 378 -- Acquittal - Appeal against acquittal - Scope of powers of Appellate Court - Reiterated...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Conclusions arrived at if possible to be reached, the same cannot be characterized as unreasonable or perverse so as to justify the interference by Appellate Court...........
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), 7, Criminal Procedure Code, 1973, Section 378, 386 -- Corruption case - Appeal against acquittal - Held, in exceptional circumstances, appellate Court for compelling reasons should not hesitate to reverse judgment of acquittal passed by Court below, if findings so recorded by Court below are found to be perverse..........
Criminal Procedure Code, 1973, Section 378, Indian Penal Code, 1860, Section 306, 498A, 304B -- Appeal against acquittal - I, laws and husband of deceased alleged to have harassed her mentally and physically as she could not bear child which led her to commit suicide - Prosecution failed to produce any evidence to prove demand of dowry or that they taunted her for not..........
Criminal Procedure Code, 1973, Section 372 -- Appeal by victim - Limitation - Period of sixty days should be taken as a reasonable period for preferring an appeal under the provisions of S.372 Proviso Cr.P.C. - Limitation of six months starts to run when victim is informed about acquittal and told about his/her right of appeal - All appeals filed thereafter will also be..........
Criminal Procedure Code, 1973, Section 372 - - Acquittal - Appeal by victim - Victim of crime can appeal against acquittal - Period of limitation to file appeal is 60 days from date of knowledge of acquittal by victim - Appeal filed thereafter is governed by principles of S.5 of Limitation Act, 1963...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Exercise of power by Court - Held, Court is required to keep in mind - (i) presumption of innocence of accused; (ii) if two views are possible, view favourable to accused should be taken; (iii) Court is to take into account the fact that trial Judge had advantage of looking at the demeanour of..........
Criminal Procedure Code, 1973, Section 372, 378(4), 190(b) -- Victim - Right to appeal - Held, intention of amendment to S.372 is to provide a right of appeal to `victims' in cases in which accused is charge sheeted on police report u/s.190(b) CrPC, if State Govt. or Central Govt. or District Magistrate does not prefer an appeal against acquittal of person who caused..........
