Criminal Procedure Code, 1973, Section 389, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 27A, 29 -- Suspension of sentence during pendency of appeal - Conviction u/ss 27-A & 29 of NDPS Act - Held, sentence awarded under NDPS Act can be suspended by the appellate Court only and strictly subject to the conditions spelt out in S.37 of the Act...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Both questions of fact and of law are open to determination by High Court in an appeal against acquittal - High Court can reappreciate, review and reconsider the evidence...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Presumption of innocence of accused is further reinforced by order of acquittal - Finding of trial Court can be reversed only for very substantial and compelling reasons...........
Criminal Procedure Code, 1973, Section 378 -- Acquittal - Appeal against - (1) An appellate court has full power to review, reappreciate and reconsider the evidence upon which the order of acquittal is founded; (2) The Code of Criminal Procedure, 1973 puts no limitation, restriction or condition on exercise of such power and an appellate court on the evidence before it may..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 313 -- Rape - Prosecutrix remained with accused for four days - Whether a consenting party? - Plea of consenting party not taken in statement u/s 313 Cr.P.C. - Plea cannot be taken in appeal against conviction...........
Civil Procedure Code, 1908, Section 96 -- First appeal - First Appellate Court should deal with questions of fact as well as law - It is the primary duty of the appellate Court to discuss and analyze evidence with respect to each and every point urged and whether it supports the case of the appellant or defendant - It is not merely sufficient to reproduce the evidence and..........
Criminal Procedure Code, 1973, Section 386 -- Appeal - No body appearing on behalf of appellant despite notice to his counsel - Court going through the trial court judgment, evidence and record of the case, hearing counsel for the respondent and deciding appeal on merits - Held, it amounts to due compliance of the provision of S.386 Cr.P.C...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - There is no embargo on the appellate Court to review, reappreciate or reconsider the evidence upon which the order of acquittal is found - If two views are possible on the evidence adduced in the case and the one favourable to the accused has been taken by the trial Court, it should not be disturbed -..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Mere fact that during the trial, accused were granted bail and there was no allegation of misuse of liberty, is not of much significance - Court is required to record reasons in writing for ordering suspension of execution of sentence - High Court while granting suspension of..........
Criminal Procedure Code, 1973, Section 378 -- Acquittal - Appeal against - Powers of appellate Court - Held, that it has full power to review, reappreciate and reconsider the evidence upon which the order of acquittal is founded - Also held that Cr.P.C. puts no limitations, restrictions or condition on exercise of such power and an appellate Court on the evidence before it..........
