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1 - 10 of 10 (0.40 seconds)Section 354 in The Indian Penal Code, 1860 [Entire Act]
Section 376 in The Indian Penal Code, 1860 [Entire Act]
Section 377 in The Indian Penal Code, 1860 [Entire Act]
Section 452 in The Indian Penal Code, 1860 [Entire Act]
Section 506 in The Indian Penal Code, 1860 [Entire Act]
Section 377 in The Code of Criminal Procedure, 1973 [Entire Act]
Sambasivan & Ors vs State Of Kerala on 8 May, 1998
20. Generally, an appeal against acquittal
has always been altogether on a different
pedestal from that of an appeal against
conviction. In an appeal against acquittal
where the presumption of innocence in favour
of the accused is reinforced, the appellate
court would interfere with the order of
acquittal only when there is perversity of
fact and law. However, we believe that the
paramount consideration of the Court is to do
substantial justice and avoid miscarriage of
justice which can arise by acquitting the
accused who is guilty of an offence. A
miscarriage of justice that may occur by the
acquittal of the guilty is no less than from
the conviction of an innocent. This Court,
while enunciating the principles with regard
to the scope of powers of the appellate court
in an appeal against acquittal in Sambasivan
v. State of Kerala, (1998) 5 SCC 412 has held
:
The Indian Penal Code, 1860
Sadhu Saran Singh vs State Of U.P. & Ors on 26 February, 2016
HC-NIC Page 8 of 21 Created On Wed Sep 21 07:07:42 IST 2016
R/CR.A/1315/2012 CAV JUDGMENT
In case of Sadhu Saran Singh v. State of Uttar
Pradesh & Ors., reported in (2016) 4 SCC 357, the
Apex Court while discussing scope of interference in
appeal against acquittal order, held and observed as
under :
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