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1 - 10 of 10 (0.45 seconds)Section 504 in The Indian Penal Code, 1860 [Entire Act]
Section 114 in The Indian Penal Code, 1860 [Entire Act]
Section 313 in The Code of Criminal Procedure, 1973 [Entire Act]
The Code of Criminal Procedure, 1973
Chandrappa & Ors vs State Of Karnataka on 15 February, 2007
7. At the outset, before discussing the facts of the present case, it
would be appropriate to refer to the observations of the Apex Court in the
case of Chandrappa & Ors. Vs. State of Karnataka reported in 2007 (4)
Page 5 of 17
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NEUTRAL CITATION
R/CR.A/873/2011 JUDGMENT DATED: 17/09/2025
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SCC 415, wherein, the Apex Court has observed as under:
Section 378 in The Code of Criminal Procedure, 1973 [Entire Act]
Kallu @ Masih & Ors vs State Of Madhya Pradesh on 4 January, 2006
Recently, in Kallu v. State of M.P., (2006) 10 SCC 313 : AIR 2006
SC 831, this Court stated; "While deciding an appeal against
acquittal, the power of the Appellate Court is no less than the power
exercised while hearing appeals against conviction. In both types of
appeals, the power exists to review the entire evidence. However, one
significant difference is that an order of acquittal will not be
interfered with, by an appellate court, where the judgment of the trial
court is based on evidence and the view taken is reasonable and
plausible. It will not reverse the decision of the trial court merely
because a different view is possible. The appellate court will also
bear in mind that there is a presumption of innocence in favour of the
accused and the accused is entitled to get the benefit of any doubt.
Further if it decides to interfere, it should assign reasons for
differing with the decision of the trial court". (emphasis supplied)
From the above decisions, in our considered view, the following
general principles regarding powers of appellate Court while
dealing with an appeal against an order of acquittal emerge;
Section 209 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 207 in The Indian Penal Code, 1860 [Entire Act]
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