Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - If trial Court's view is possible or plausible view, then Appellate Court or the High Court is not justified in interfering with it - Appellate Court or the High Court would not be justified in reversing the judgment of acquittal unless it comes to a clear conclusion that the judgment of the trial..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Appeal against acquittal - Two views - Held, in a case, when two views are possible, one which favours the accused, has to be adopted by Court...........
Criminal Procedure Code, 1973, Section 378(1) -- Appeal against acquittal filed by complainant - Maintainability - Held, an appeal u/s 378(1) of Cr.P.C, at instance of complainant against an order of acquittal is not maintainable...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Exercise of power by appellate Court - Held, while exercising appellate power, even if two reasonable conclusions are possible on the basis of evidence on record, appellate Court should not disturb the finding of acquittal recorded by trial Court...........
Prevention of Food Adulteration Act, 1954, Section 2(ix)(b)(h)(k), 32(c)(i), 7(2)(5), 16(1A)(1), Criminal Procedure Code, 1973, Section 378 -- - Sale of adulterated turmeric powder - Acquittal - Validity - Reports of public analyst shows that sample which was produced before analyst found as per standard and it was not found misbranded - Even perusal of documentary..........
Prevention of Food Adulteration Act, 1954, Section 7, 16, 2(1)(a), Criminal Procedure Code, 1973, Section 378 -- Sale of adulterated Kattha - Acquittal - Validity - Trial Court after appreciation of evidence found that Food Inspector has committed breach of mandatory provisions while taking sample and there are serious lacuna in oral as well as documentary evidence of..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - High Court reversed order of acquittal without appreciating the facts and questions of law involved in the case - Held, judgment of High Court reversing acquittal is not justified - Case remitted back to High Court to decide the criminal appeal afresh after hearing the parties...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Interference by Appellate Court without considering question of law and facts after critical scrutiny of the evidence on record, held not proper - Judgment of Appellate Court set aside - Matter remitted to appellate court for its decision afresh...........
Criminal Procedure Code, 1973, Section 378, 386 -- Appeal against acquittal - Power of appellate Court - Principles governing - (1) The appellate court may review the evidence in appeals against acquittal under sections 378 and 386 of the Criminal Procedure Code, 1973. Its power of reviewing evidence is wide and the appellate court can re-appreciate the entire evidence on..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Unless the judgment of acquittal tends to be perverse or unless the inferences drawn in the acquitting judgment were not at all reasonable, possibly the acquittal should not be upset...........
