Criminal Procedure Code, 1973, Section 378 -- Acquittal - Appeal against - Appellate Court to 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 -- Acquittal - Appeal against - In a given case where admissible evidence is ignored, a duty is cast upon appellate court to reappreciate evidence where 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 -- Acquittal - Appeal against - If two views are possible benefit of doubt is to be given to the accused...........
Criminal Procedure Code, 1973, Section 378 -- Acquittal - Appeal against - If two views are possible benefit of doubt is to be given to the accused...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Reversal of judgment of acquittal - It is incumbent on High Court to arrive at the conclusion that no two views are possible...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - If two views are possible, Appellate Court shall not ordinarily interfere with the judgment of acquittal...........
Indian Penal Code, 1860, Section 302, 34, Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Trial Court in great detail found inconsistencies in testimony of witnesses - View of trial Judge cannot be said wholly unsustainable - Two views possible - High Court should not interfere with the judgment of acquittal passed by trial Court...........
Criminal Procedure Code, 1973, Section 378 -- Acquittal - Appeal against - If two views are possible High Court not to ordinarily overturn a judgment...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378 -- Dishonour of cheque - Acquittal - Appeal against - It is necessary for Appellate Court to find out as to what facts are established and whether on the basis of such facts, any presumption get attracted or rebutted in order to draw appropriate inferences...........
Criminal Procedure Code, 1973, Section 378(3) -- Appeal against acquittal - Judgment of acquittal by Trial Court - Leave to file appeal applied in High Court - High Court rejected application without speaking order - High Court has to pass a speaking order while dealing with an application for grant of leave...........
