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1 - 10 of 37 (0.34 seconds)Section 302 in The Indian Penal Code, 1860 [Entire Act]
Section 201 in The Indian Penal Code, 1860 [Entire Act]
Section 3 in The Indian Evidence Act, 1872 [Entire Act]
Chandrappa & Ors vs State Of Karnataka on 15 February, 2007
29. After referring to a catena of judgments, this Court
culled out the following general principles regarding the
powers of the appellate court while dealing with an
appeal against an order of acquittal in the following
words [Chandrappa v. State of Karnataka, (2007) 4 SCC
415]:-
Section 378 in The Code of Criminal Procedure, 1973 [Entire Act]
The Code of Criminal Procedure, 1973
State Of Maharashtra vs Champalal Punjaji Shah on 12 August, 1981
(b) Where the accused had been acquitted on ground
of delay in conducting trial, which delay was
attributable not to the tardiness or indifference of the
prosecuting agencies, but to the conduct of the
accused himself; or where accused had been acquitted
on ground of delay in conducting trial relating to an
offence which is not of a trivial nature. [State of
Maharashtra v. Champalal Punjaji Shah, (1981) 3
SCC 610]
Arunachalam vs P. S. R. Sadhanantham on 6 March, 1979
(d) Where dying declaration of the deceased victim
was rejected by the High Court on an irrelevant
ground that they did not explain the injury found on
one of the persons present at the site of occurrence of
the crime. [Arunachalam v. P.S.R. Sadhanantham,
(1979) 2 SCC 297]
Sheo Swarup vs King-Emperor on 26 July, 1934
"9. The foregoing discussion yields the following
results: (1) an appellate court has full power to review
the evidence upon which the order of acquittal is
founded; (2) the principles laid down in Sheo
Swarup [Sheo Swarup v. King Emperor, 1934 SCC
OnLine PC 42 : AIR 1934 PC 227 (2)] afford a
correct guide for the appellate court's approach to a
case in disposing of such an appeal; and (3) the
different phraseology used in the judgments of this
Court, such as, (i) "substantial and compelling
reasons", (ii) "good and sufficiently cogent reasons",
and (iii) "strong reasons" are not intended to curtail
the undoubted power of an appellate court in an
appeal against acquittal to review the entire evidence
and to come to its own conclusion; but in doing so it
should not only consider every matter on record
Patna High Court CR. APP (DB) No.947 of 2024 dt.12-02-2026
44/60
having a bearing on the questions of fact and the
reasons given by the court below in support of its
order of acquittal in its arriving at a conclusion on
those facts, but should also express those reasons in
its judgment, which lead it to hold that the acquittal
was not justified."