Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Supreme Court would be slow in reversing the finding entered by High Court unless there is perverse and erroneous appreciation of evidence...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Appellate Court to interfere only when there are compelling and substantial reasons for doing so in order to prevent miscarriage of justice resulting therefrom - If the impugned judgment is clearly unreasonable and relevant and convincing materials have been unjustifiably eliminated in the process, it..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - If the view taken by the trial court while acquitting the accused is a possible, reasonable view of the evidence on record, High Court ought not to interfere with order of acquittal merely because it is possible to take contrary view...........
Criminal Procedure Code, 1973, Section 386, 385, 377, 378 -- Acquittal by High Court, as records of trial court were not placed before it - Records destroyed - Appellate court should direct retrial if after efforts reconstruction is not possible - However in case if reconstruction of record is possible, appeal should be disposed of on merits - Accused can be acquitted only..........
Criminal Procedure Code, 1973, Section 378 -- Acquittal - Leave to appeal - Refused without giving reasons - Order set aside - Reasons introduce clarity of an order - Reasons must be given, may be brief, indicating application of mind...........
Criminal Procedure Code, 1973, Section 378 -- Acquittal - Appeal against - Appellate Court not to interfere when two reasonable views are possible and the view taken by Court below is one of such possible views...........
Criminal Procedure Code, 1973, Section 378(3) -- Leave to appeal - Refused by High Court and the order read 'No merit, Dismissed' - It is imperative for the High Court to indicate reasons as to why the prayer for grant of leave was found untenable - High Court ought to appreciate evidence as first Court of appeal and return its findings objectively...........
Criminal Procedure Code, 1973, Section 378(3) -- Acquittal - Appeal against - There is no embargo on the appellate Court reviewing the evidence upon which an order of acquittal is based - Generally, the order of acquittal shall not be interfered with because the presumption of innocence of accused is further strengthened by acquittal - If two views are possible on the..........
Criminal Procedure Code, 1973, Section 378, Limitation Act, 1963, Section 5 -- Conviction u/s 294 & 332 IPC - Appeal against - Dismissed as time barred - Record not showing that scrutiny was carried out & counsel for appellant was informed about delay at the time of filing of appeal - It would be appropriate that applicant is allowed to move application for condonation of..........
Criminal Procedure Code, 1973, Section 378 -- Acquittal - Appeal against - Two views possible on basis of evidence - View of acquittal a possible reasonable view - High Court not to interfere with order of acquittal...........
