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State Of Gujarat vs Koli Babu Gordhan on 18 January, 2023 cites

Ramesh Babulal Doshi vs The State Of Gujarat on 2 May, 1996

27. This Court in Ramesh Babulal Doshi vs. State of Gujarat, (1996) 9 SCC 225 observed vis--vis the powers of an appellate court while dealing with a judgment of acquittal, as under: (SCC p.229, para 7)) "7.... While sitting in judgment over an acquittal the appellate court is first required to seek an answer to the question whether the findings of the trial court are palpably wrong, manifestly erroneous or demonstrably unsustainable. If the appellate court answers the above question in the negative the order of acquittal is not to be disturbed. Conversely, if the appellate court holds, for reasons to be recorded, that the order of acquittal cannot at all be sustained in view of Page 27 of 36 Downloaded on : Sun Sep 17 20:56:00 IST 2023 NEUTRAL CITATION R/CR.A/589/1995 JUDGMENT DATED: 18/01/2023 undefined any of the above infirmities it can then-and then only- reappraise the evidence to arrive at its own conclusions."
Supreme Court of India Cites 9 - Cited by 922 - M K Mukherjee - Full Document

Atley vs State Of Uttar Pradesh on 16 September, 1955

In Atley vs. State of U.P., AIR 1955 SC 807, the approach of the appellate court while considering a Page 24 of 36 Downloaded on : Sun Sep 17 20:56:00 IST 2023 NEUTRAL CITATION R/CR.A/589/1995 JUDGMENT DATED: 18/01/2023 undefined judgment of acquittal was discussed and it was observed that unless the appellate court comes to the conclusion that the judgment of the acquittal was perverse, it could not set aside the same.
Supreme Court of India Cites 5 - Cited by 350 - Full Document

Sheo Swarup vs King-Emperor on 26 July, 1934

(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 case afford a correct guide for the appellate court's approach to a case 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 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."
Bombay High Court Cites 7 - Cited by 816 - Full Document

State Of Goa vs Sanjay Thakran And Anr on 2 March, 2007

14. The aforesaid principle of law has consistently been followed by this Court. (See Tulsiram Kanu v. State AIR 1954 SC 1, Balbir Singh v. State of Punjab AIR 1957 SC 216, M.G. Agarwal v. State of Maharashtra AIR 1963 SC 200, Khedu Mohton v. State of Bihar (1970) 2 SCC 450, Sambasivan v. State of Kerala (1998) 5 SCC 412, Bhagwan Singh v. State of M.P(2002) 4 SCC 85 and State of Goa v. Sanjay Thakran (2007) 3 SCC 755)
Supreme Court of India Cites 19 - Cited by 2526 - P P Naolekar - Full Document

Ghurey Lal vs State Of U.P on 30 July, 2008

In Ghurey Lal v. State of U.P (2008) 10 SCC 450, this Court reiterated the said view, observing that the appellate court in dealing with the cases in which the trial courts have acquitted the accused, should bear in mind that the trial court's acquittal bolsters the presumption that he is innocent. The appellate court must give due weight and Page 18 of 36 Downloaded on : Sun Sep 17 20:56:00 IST 2023 NEUTRAL CITATION R/CR.A/589/1995 JUDGMENT DATED: 18/01/2023 undefined consideration to the decision of the trial court as the trial court had the distinct advantage of watching the demeanour of the witnesses, and was in a better position to evaluate the credibility of the witnesses.
Supreme Court of India Cites 42 - Cited by 905 - D Bhandari - Full Document
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