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Shivaji Sahebrao Bobade & Anr vs State Of Maharashtra on 27 August, 1973 cites

Ajmer Singh vs The State Of Punjab on 10 December, 1952

compelling and substantial reasons' and has expressed the view that unless such reasons are present an Appeal Court should not interfere with an order of acquittal (vide Suraj Pal Singh v. The State-(1952) S.C.R. 194; Ajmer Singh v. State of Punjab (1953) S.C.R.418; Puran v. State of Punjab A.I.R. 1953 S.C. 458). The use of the, words 'compelling reasons' embarrassed some of the High Courts in exercising their jurisdiction in appeals against acquittals and difficulties occasionally arose as to what this Court had meant by the words 'compelling reasons'. In later years the Court has often avoided emphasis on 'compelling reasons' but nonetheless adhered to the' view expressed earlier that before interfering in appeal with an order of acquittal a Court must examine .not only questions of law and fact in all their aspects but must also closely and carefully examine the reasons which impelled the lower courts to acquit the accused "and should interfere only if satisfied after such examination that the conclusion reached by the lower court that the guilt of the person has not been proved is unreasonable.
Supreme Court of India Cites 9 - Cited by 100 - M C Mahajan - Full Document

Puran, S/O Sri Ram vs The State Of Punjab (I) on 13 November, 1952

compelling and substantial reasons' and has expressed the view that unless such reasons are present an Appeal Court should not interfere with an order of acquittal (vide Suraj Pal Singh v. The State-(1952) S.C.R. 194; Ajmer Singh v. State of Punjab (1953) S.C.R.418; Puran v. State of Punjab A.I.R. 1953 S.C. 458). The use of the, words 'compelling reasons' embarrassed some of the High Courts in exercising their jurisdiction in appeals against acquittals and difficulties occasionally arose as to what this Court had meant by the words 'compelling reasons'. In later years the Court has often avoided emphasis on 'compelling reasons' but nonetheless adhered to the' view expressed earlier that before interfering in appeal with an order of acquittal a Court must examine .not only questions of law and fact in all their aspects but must also closely and carefully examine the reasons which impelled the lower courts to acquit the accused "and should interfere only if satisfied after such examination that the conclusion reached by the lower court that the guilt of the person has not been proved is unreasonable.
Supreme Court of India Cites 3 - Cited by 36 - Full Document

Sanwat Singh & Others vs State Of Rajasthan on 9 December, 1960

Have we credible eye-witness evidence ? Have we corroborating circumstances ? Have any key witnesses been kept out of the Court without just explanation or rousing serious suspicion ? Are there circumstances militating against the reliability of the State's case ? Have the accused a plausible explanation for incriminating discoveries ? As stated earlier, there are three types of evidence adduced on behalf of the prosecution. Eye-witnesses must naturally figure most prominently in a judicial search for truth. P.W. 5, Vilas, had admittedly some quarrel with the second accused and friendliness with Sita Ram (P. W. 8) who in turn bore bitter hostility towards both the accused. In that view, P.W. 5 may be said to be tainted by bias and interestedness and so his testimony must be warily evaluated. However, witnesses who are not neutral may well testify to truth and need not be condemned out of hand provided in basic features their deposition is direct, probable and otherwise corroborated. Absent such reassuring factors P.W. 5's evidence may have to be eschewed. Vilas speaks to his having taken his forenoon meal on the 26th September 1966 at Kadam wadi. He bad met Hariba, quite naturally, because both of them were staying in the house of Sita Ram. They set out together to Bibi as each had some work in that place. The journey together is explained in the evidence in a credible manner. They appear to have met grocer Himmat Gujar (P.W. 6) and each one purchased some sundry items from his shop. This fact is corroborated by P.W. 6. While returning they stepped into the house of one Shiva Ram and later proceeded to Kaclamwadi at about 3-45 or 4. p.m. One Dada who was also going in the same direction, joined them. All this is consistent with country. side leisureliness and gregariousness. As they were walking along, the accused called out to Dada who waited in response while the deceased and Vilas went ahead. Whereupon the accused spring upon. Hariba. At the behest of accused No. 1, accused No. 2 drew his knife, frightened Vilas into silence and gave knife blows on the head and eye- brow or Hariba. The first accused made his violent contribution with a 'hunter' to which a lead-ball was attached and the strikers therewith brought the deceased down on the ground. The second accused kicked the fallen 498 man, P.W.5, speaks to these facts as also to the accused accosting the deceased whether he would still reside in the Vasti.
Supreme Court of India Cites 21 - Cited by 228 - Full Document
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