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1 - 10 of 10 (0.36 seconds)The Indian Penal Code, 1860
Bhagwan Singh & Ors vs State Of M.P on 23 January, 2003
Criappeal124.96
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not be interfered with because the presumption of innocence
of the accused is further strengthened by acquittal. The
golden thread which runs through the web of administration
of justice in criminal cases is that if two views are possible on
the evidence adduced in the case, one pointing to the guilt of
the accused and the other to his innocence, the view which is
favourable to the accused should be adopted. The paramount
consideration of the Court is to ensure that miscarriage of
justice is prevented. A miscarriage of justice which may arise
from acquittal of the guilty is no less than from the conviction
of an innocent. In a case where admissible evidence is
ignored, a duty is cast upon the Appellate Court to re-
appreciate the evidence even where the accused has been
acquitted, for the purpose of ascertaining as to whether any of
the accused committed any offence or not. [See Bhagwan
Singh and others v. State of Madhya Pradesh (2002 (3) JT
(SC) 387). The principle to be followed by appellate Court
considering the appeal against the judgment of acquittal is to
interfere only when there are compelling and substantial
reasons for doing so. If the impugned judgment is clearly
unreasonable, it is a compelling reason for interference.
Article 11 in Constitution of India [Constitution]
Article 12 in Constitution of India [Constitution]
Section 34 in The Indian Penal Code, 1860 [Entire Act]
Section 323 in The Indian Penal Code, 1860 [Entire Act]
State Of U.P vs Babu And Ors on 24 September, 2003
43. We are aware that, we are dealing with appeal
against acquittal. At this juncture, it would be worthwhile
to refer the observations of the Supreme Court in case of
State of U.P. vs. Babu & Ors.3, in paragraph 10 of the
judgment, which reads thus:
Section 428 in The Code of Criminal Procedure, 1973 [Entire Act]
State Of Punjab vs Karnail Singh on 14 August, 2003
"10. Recently in State of Punjab v. Karnail Singh (2003 AIR
SCW 4065) it was observed that there is no embargo on the
Appellate Court reviewing the evidence upon which an order
of acquittal is based. Generally, the order of acquittal shall
3 2003 ALL MR(Cri) 2356 (S.C.);
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