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1 - 10 of 12 (0.24 seconds)Chandrappa & Ors vs State Of Karnataka on 15 February, 2007
In Chandrappa v. State of Karnataka, the scope of power of appellate court dealing with an appeal against acquittal has been considered and this Court held as under: (SCC p.432 para 42)
"42....(4) An appellate court, however, must bear in mind that in case of acquittal, there is double presumption in favour of the accused. Firstly, the presumption of innocence is available to him under the fundamental principle of criminal jurisprudence that every person shall be presumed to be innocent unless he is proved guilty by a competent court of law. Secondly, the accused having secured his acquittal, the presumption of his innocence is further reinforced, reaffirmed and strengthened by the trial court.
Section 201 in The Indian Penal Code, 1860 [Entire Act]
Section 302 in The Indian Penal Code, 1860 [Entire Act]
The Code of Criminal Procedure, 1973
State Of Rajasthan vs Shera Ram @ Vishnu Dutta on 1 December, 2011
Unless there are substantial and compelling reasons, the order of acquittal is not required to be reversed in appeal. It has been so stated in State of Rajasthan v. Shera Ram."
Dilawar Singh & Ors vs State Of Haryana on 16 September, 2014
In Dilawar Singh v. State of Haryana, (2015) 1 SCC 737, the Supreme Court reiterated the same in paragraphs 36 and 37 as under :
State Of Karnataka vs K. Gopalakrishna Shenoy & Anr on 15 July, 1987
In the matter of State of Karnataka vs. K. Gopalkrishna reported in (2005) 9 SCC 291, the Hon'ble Supreme Court, while dealing with an appeal against acquittal, observed as under:
Sudershan Kumar vs State Of H.P on 18 December, 2014
In Sudershan Kumar v. State of Himachal reported in (2014) 15 SCC 666 the Hon'ble Supreme Court observed thus;-
Dhanapal & Ors vs State By Public Prosecutor, Madras on 1 September, 2009
"31.It has been stated and restated that a cardinal principle in criminal jurisprudence that presumption of innocence of the accused is reinforced by an order of the acquittal. The appellate court, in such a case, would interfere only for very substantial and compelling reason. There is plethora of case laws on this proposition and we need not burden this judgment by referring to those decisions. Our purpose would be served by referring to one reasoned pronouncement entitled Dhanapal v. State which is the judgment where most of the earlier decisions laying down the aforesaid principle are referred to. In para 37, propositions laid down in an earlier case are taken note of as under: -