Criminal Procedure Code, 1973, Section 378(4) -- Application for leave to file appeal - Procedure for - Held, there is no specific mandate either in S.378 Cr.P.C. or in the Kerala Criminal Rules of Practice which can oblige the seekers of leave u/s 378(4) Cr.P.C. to file along with such application for leave proposed appeal which they want to prefer against judgment of..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Conviction by trial Court but acquittal by High Court - Appeal against - Held, that appellate Court has full power to review, appreciate and reconsider the evidence upon which order of acquittal is founded - There is no limitation on exercise of such power and an appellate Court on the evidence before..........
Criminal Procedure Code, 1973, Section 378(3) -- Acquittal - Appeal against - Leave to file appeal - Refusal - Reasons for refusing to grant leave not given - High Court ought to have given reasons, however brief in its order indicative of an application of mind, all the more when order is amenable to further avenue of challenge - Order of High Court set aside...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Reappreciation of evidence - Where admissible evidence is ignored, duty is cast upon appellate Court to reappreciate the evidence to ascertain if any of accused has really committed any offence or not - Court should interfere only when there are compelling and substantial reasons for doing so - If..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - If two views are possible then a judgment of acquittal should not ordinarily be interfered with...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - If two views are possible on the evidence adduced in the case, one pointing to the guilt of accused and the other to his innocence, then view which is favourable to the accused should be adopted - In appeal impugned judgment to be interfered only if there are compelling and substantial reasons for..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Power of Appellate Court - General principles emerging from decision of Supreme Court - Analysed...........
Indian Penal Code, 1860, Section 148, 149, 120B, 500, 506, Criminal Procedure Code, 1973, Section 203, 245, 255, 378 -- Appeal against acquittal - Magistrate discharged accused as there was not sufficient material to frame charge against them - Revision against - Order for framing of charge passed - Held, that trial Court cannot pass an order of discharge in a summons case..........
Criminal Procedure Code, 1973, Section 378 -- Acquittal - Appeal against - Appellate Court is not required to re-write the judgment or to give fresh reasonings when the appellate Court is in agreement with the reasons assigned by the trial Court acquitting the accused...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Appellate Court would not ordinarily interfere therewith, if two views are possible - However non consideration of material facts and consideration of irrelevant facts would be factors which would invite an interference with the judgment of acquittal...........
