Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Appellate Court to interfere only when there are compelling and substantial reasons for doing so - Where impugned judgment is clearly unreasonable and materials have been unjustifiably eliminated in the process, it is a compelling reason for interference...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - There is no embargo on Appellate Court to review the evidence upon which acquittal is based - Generally, the order of acquittal shall not be interfered with because it furtnher strengthens the presumption of innocence of accused - Where two views are possible on evidence adduced in the case, the view..........
Criminal Procedure Code, 1973, Section 378, Indian Penal Code, 1860, Section 395, 302 -- Murder and dacoity - Conviction by trial Court and acquittal by High Court - Evidence of independent eye witness cannot be discarded merely because two other witnesses who were closely related to deceased turned hostile - Appellate Court to interfere only when there are compelling..........
Criminal Procedure Code, 1973, Section 378 -- Acquittal - Appeal against - There is no embargo on the appellate Court reviewing the evidence upon which an order of acquittal is based - The golden principle is that if two views are possible on the evidence adduced in the case, one pointing to the guilt of the accused and the other to his innocence, the view which is..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - First Appellate Court can sit as a court of appeal on facts also and can re-appreciate evidence but when reappreciating evidence appellate court should first analyse the findings of trial Court and then for valid reasons to be record should reverse such finding of trial Court - Appellate Court should..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - If two views on the same evidence are possible and the trial Court takes the view in favour of the accused, the appellate Court, in an appeal against acquittal, is not justified in reversing the order of acquittal unless it comes to the conclusion that the view taken by trial Court is wholly..........
Criminal Procedure Code, 1973, Section 378 -- Acquittal - Appeal against - Order of acquittal can be reversed only if it suffers from illegality or manifest error - Order cannot be reversed merely because a different view can be taken...........
Criminal Procedure Code, 1973, Section 378 -- Acquittal - Appeal against - There is no embargo on appellate Court reviewing evidence upon which an order of acquittal is based - However, if two views are possible on evidence adduced in the case, one pointing to guilt of accused and other to his innocence, view which is favourable to the accused should be adopted - Appellate..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 378 -- Murder - Reversal of conviction - High Court reversed conviction on grounds of discrepancy in the time and place of occurrence, delay in forwarding FIR to the Magistrate and doubt about source of light in order to identify the accused - Held, using mild expression and standard of..........
Criminal Procedure Code, 1973, Section 394, 378 -- Appeal - Abates only on death of accused and not on death of complainant...........
