Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Appeal against acquittal - Accused demanded gratification of Rs.500 from complainant for forwarding a favorable enquiry report - However, it is not satisfactorily proved as to how currency notes reached in the pocket of accused - It is also not proved that colour of currency notes did..........
Criminal Procedure Code, 1973, Section 378, 386 -- Appeal against acquittal - If view taken by High Court while reversing the judgment of trial Court appears to be just and reasonable which is also supported by cogent reasons, then Supreme Court would not re-appreciate the evidence again especially when appeal arises out of order of acquittal...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - If trial Court judgment is based on evidence and view taken by trial Court in favour of accused is possible, High Court will not be justified in interfering only on ground that different view can be taken. (Para 9) Indian Penal Code, 1860, S.304-B - Offence u/s 304- B IPC - Appeal against acquittal -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Complaint u/s 138 of the Act - In the instant case, accused issued 3 cheques to purchase vehicle from complainant - Out of 3 cheques only 1 cheque was honourned by making cash payment and other 2 cheques were dishonoured - As per accused, he has made cash payment of other 2..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Appellate Court is not required to rewrite the judgment or to give fresh reasonings, when reasons assigned by Court below are found to be just and proper...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Appellate Court is not required to rewrite the judgment or to give fresh reasonings, when reasons assigned by Court below are found to be just and proper...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Death by consuming acid - Appeal against acquittal - No uniformity as regards evidence led by near relatives of deceased as to allegation of dowry demand and ill treatment - Lots of improvements were shown in the evidence of PWs - There was a quarrel as regards to trivial issues and very short marriage life of..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - When trial Court acquitted accused persons of their charges, High Court cannot reverse the findings merely on the basis that other view as recorded by High Court appeared to it to be a plausible view - Such an approach by High Court against the judgment of acquittal is impermissible...........
Criminal Procedure Code, 1973, Section 378(1)(a) -- Appeal against acquittal - Order of acquittal passed by Magistrate in respect of cognizable and no, bailable offence - Appeal not maintainable before High Court, in view of bar created u/s 378(1)(a) Cr.P.C. - Appeal lies before Sessions Court...........
Criminal Procedure Code, 1973, Section 378(1)(a) -- Appeal against acquittal - Order of acquittal passed by Magistrate in respect of cognizable and no, bailable offence as well as non cognizable and bailable offences - Two appeals cannot be filed by State, one against cognizable offences and another against no, cognizable offences - Appeal lies before Sessions Court..........
