Criminal Procedure Code, 1973, Section 256, 378(4) -- Absence of complainant on a date when case is fixed for recording statement of complainant and witnesses - Cannot be said that personal attendance of complainant is not necessary on such a date - Acquittal of accused for want of evidence - Order upheld...........
Criminal Procedure Code, 1973, Section 378 -- Acquittal - Revision against - High Court should not re-appreciate the evidence to reach a finding different from the trial Court - In the absence of manifest illegality resulting in grave miscarriage of justice, exercise of revisional jurisdiction in such cases is not warranted...........
Criminal Procedure Code, 1973, Section 378 -- Revision against acquittal at the instance of third party - Court exercises only limited jurisdiction and should not constitute itself into an appellate Court which has a much wider jurisdiction to go into questions of facts and law and to convert an order of acquittal into one of conviction...........
Indian Penal Code, 1860, Section 279, 337, 338, 304A, Motor Vehicles Act, 1988, Section 134, 187, Criminal Procedure Code, 1973, Section 378(1) and 3 -- Rash and negligent driving - Vehicle driven at a speed of 60 kmph on a road of 24 feet width with footpath margin of 6 feet on either side inside town limit - Speed not reduced inspite of board put up at spot warning..........
Criminal Procedure Code, 1973, Section 378 -- Acquittal - Appeal against - In a case where two views are possible, one of acquittal and the other of conviction, the higher court should not interfere with the order of acquittal...........
Criminal Procedure Code, 1973, Section 378 -- Acquittal - Appeal against - Scope for interference with the judgment of acquittal is limited - However, where the evidence has not been properly analysed by the Trial Court and the conclusions drawn are based on surmises and conjectures, it is not only permissible but also desirable that the appellate court should interfere..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - High Court not to mechanically refuse to grant leave by mere cryptic observations without giving any reasons...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Appellate Court is entitled to reappreciate evidence but not to interfere with order of acquittal unless the view of Court acquitting the accused is unreasonable or perverse - If view recorded by Court acquitting the accused is possible, reasonable view of the evidence on record, the order of..........
Criminal Procedure Code, 1973, Section 378, Indian Penal Code, 1860, Section 302, 34 -- Appeal against Acquittal - Appellate court - Scope and Ambit - No embargo on the appellate court reviewing the evidence - High Court is duty bound to go into greater details of the evidence to see whether miscarriage has resulted from acquittal - Generally order of acquittal should not..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against Acquittal - Duty of Appellate court - Appellate court is duty bound to prevent miscarriage of Justice - Miscarriage of justice on account of acquittal is no less than from the conviction of an innocent person - Order of acquittal unreasoned - Conviction by High court upheld...........
