Criminal Procedure Code, 1973, Section 378 -- Acquittal - Appeal against - When two views are possible and the view taken by trial Court is not perverse or improbable, intervention by Appellate Court is uncalled for...........
Criminal Procedure Code, 1973, Section 378, Indian Penal Code, 1860, Section 302, 34 -- Appeal against acquittal - Leave to appeal declined as PWs trying to improve upon the original version which was given before the doctor - State not able to point any compelling circumstances which would compel the Court to take a contrary view that the conclusion of the trial Court is..........
Criminal Procedure Code, 1973, Section 378(3), Limitation Act, 1963, Section 5 -- Condonation of delay - Leave to appeal - Delay of 57 days - Sufficient cause - Should be considered with pragmatism in justice-oriented approach rather than the technical detection of sufficient cause for explaining every day's delay - Order of High Court refusing to condone delay by holding..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Appellate Court to interfere only when there are compelling and substantial reasons for doing so - If the impugned judgment is clearly unreasonable and relevant and convincing materials have been unjustifiably eliminated in the process, it is a compelling reason for interference...........
Criminal Procedure Code, 1973, Section 378(3) -- Acquittal - Leave to appeal - Refusal - High Court must give reasons, may be in brief while refusing to grant leave - Reasons when given indicate application of mind - Order refusing leave without reasons set aside...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - If on the same evidence two views are reasonably possible & Court takes a view in favour of accused, Appellate Court will not set aside the order of acquittal unless it finds the findings to be perverse, highly unreasonable, based on no evidence on record or made in ignorance of relevant evidence on..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - High Court in its order held that having regard to evidence on record, no case for interference is made out and declined leave to appeal and dismissed the appeal - High Court should have considered on merit the appeal against acquittal - Impugned order set aside and matter remitted to High Court to..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - If Appellate Court comes to conclusion that findings of Courts below are wholly unreasonable or perverse and not based on evidence on record, or suffers from serious illegality including ignorance or misreading of evidence on record, Appellate Court is justified in setting aside such an order of..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - If on the basis of same evidence, two views are possible, Appellate Court is not justified in reversing an order of acquittal if the same is based on evidence on record and the view taken is a possible reasonable view of the evidence...........
Criminal Procedure Code, 1973, Section 378(4) -- Appeal against acquittal - Leave to appeal - Hearing of accused before granting leave - Once Court decides to hear accused before granting leave to appeal then it is not open to Court to grant leave to appeal ex parte without hearing the accused...........
