Criminal Procedure Code, 1973, Section 378 -- Acquittal - Appeal against - Interference in appeal only when judgment under appeal is palpably perverse or based on a misreading of evidence and where two views are possible, the one taken by trial Court in making a judgment of acquittal should not be disturbed...........
Criminal Procedure Code, 1973, Section 378, Evidence Act, 1872, Section 32 -- Appeal against acquittal - Two dying declarations giving two different versions - Court must be satisfied about truthfulness of dying declaration to convict the accused...........
Criminal Procedure Code, 1973, Section 378, Prevention of Corruption Act, 1988, Section 13(1)(d), 14(2), 7 -- Minor discrepancies - When witnesses support prosecution case on all material particulars, accused cannot be acquitted on ground of minor contradictions in statement of witnesses...........
Criminal Procedure Code, 1973, Section 378, Prevention of Corruption Act, 1988, Section 13(1)(d), 14(2), 7 -- Appeal against acquittal - Accused a member of Higher Judicial Service demanded Rs.3 lacs on promise to acquit accused - Money paid to wife of accused at his house - Rs.3 lacs recovered from the house of accused - Constable through whom money demanded turned..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 378 -- Murder - Appeal against acquittal - Possibility of two views - Supreme Court not to interfere in decision of High Court unless decision of High Court found to be vitiated by perversity, wrong legal approach or non consideration of material evidence...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Admissible evidence when ignored, a duty is cast upon the appellate Court to re-appreciate the evidence where the accused has been acquitted, for the purpose of ascertaining as to whether any of the accused really committed any offence or not...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - High Court has full power to interfere with the finding of the trial Court but the High Court should be very slow in reversing the decision of the trial Court because the trial Court has the occasion to watch the demeanour of the witnesses very closely - However, High Court has full power to..........
Criminal Procedure Code, 1973, Section 378 -- Acquittal - Appeal against - When two views from the same set of evidence are possible view taken by trial Court in favour of accused cannot be reversed in appeal merely because other view is possible...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Appellate Court should 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 -- Appeal against acquittal - If there is perverse appreciation of evidence and serious miscarriage of justice, the acquittal of the accused is to be reversed...........
