Criminal Procedure Code, 1973, Section 378 -- No perversity or infirmity in judgment of trial Court - High Court rightly dismissed the appeal...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Where the acquittal by Trial Court is based on total inappropriate appreciation of evidence, surmises and conjectures - Also where Trial Court instead of considering relevant aspects considered irrelevant aspects - Acquittal is liable to be set aside...........
Indian Penal Code, 1860, Section 302, 323, 34, Criminal Procedure Code, 1973, Section 378 -- Murder - Appeal against acquittal - Since High Court without proper analysing of evidence came to abrupt conclusion and upset the detailed conclusion arrived by Trial Court - Matter remitted back to High Court for fresh consideration...........
Criminal Procedure Code, 1973, Section 378, 401 -- Appeal - Treated as revision - Even though there is no specific provision for treating appeal as revision but in case High Court is of view that in interest of justice it requires so to do then appeal can be treated as revision u/s 401 of the Code...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Identification of accused - Before test identification parade was conducted, witness (PW1) was taken to central jail where accused persons were shown to him - Held, that being so, there was really no purpose in holding test identification parade - High Court rightly disbelieved prosecution version and..........
Criminal Procedure Code, 1973, Section 378, 386 -- Acquittal - Appeal against - Trial court meticulously examined the entire evidence available on record and held that prosecution failed to prove its case and acquitted accused by giving benefit of doubt - High Court did not keep the well settled principles in mind and reversed the judgment of acquittal when the view taken..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - (1) An appellate court has full power to review, reappreciate and reconsider the evidence upon which the order of acquittal is founded; (2) The Code of Criminal Procedure, 1973 puts no limitation, restriction or condition on exercise of such power and an appellate court on the evidence before it may..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Appellate Court not to interfere with a judgment of acquittal only because another view is possible - If two views are possible, it is trite, the appellate court shall not interfere...........
Criminal Procedure Code, 1973, Section 378, Indian Penal Code, 1860, Section 302 -- Murder - Proof of - Informant, before going to police station for lodging FIR, met the witnesses but none of them disclosed name of accused to him - FIR was lodged against unknown persons - Prosecution has failed to furnish any explanation as to why names of accused persons were not..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - There is no embargo on the Appellate Court reviewing the evidence upon which an order of acquittal is based - Appellate Court to interfere only when there are substantial reasons for doing so - If the impugned judgment is clearly unreasonable and irrelevant and convincing materials have been..........
