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1 - 10 of 15 (0.89 seconds)Section 34 in The Indian Penal Code, 1860 [Entire Act]
Muhammad Nur vs Emperor on 17 December, 1909
This power of the appellate court in an appeal against acquittal was framed by the Judicial Committee of the Privy Council, in Sheo Swarup v. King Emperor and Nur Mohammad v. Emperor . These two decisions have been consistently referred to by the Supreme Court which afford a correct guide for the Appellate Court's approach to the case in disposing of an appeal against acquittal and the different phraseology used in the judgments of the Supreme 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 the acquittal to review the entire evidence and to come to its 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.