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1 - 10 of 23 (0.22 seconds)Section 378 in The Code of Criminal Procedure, 1973 [Entire Act]
Umedbhai Jadavbhai vs The State Of Gujarat on 16 December, 1977
In Umedbhai Jadavbhai [Umedbhai
Jadavbhai v. State of Gujarat, (1978) 1 SCC 228 : 1978
SCC (Cri) 108] , in para 10, it is observed and held as
under : (SCC p. 233)
“10. Once the appeal was rightly entertained
against the order of acquittal, the High Court
was entitled to reappreciate the entire evidence
independently and come to its own conclusion.
Section 506 in The Indian Penal Code, 1860 [Entire Act]
Section 504 in The Indian Penal Code, 1860 [Entire Act]
Section 3 in The Indian Penal Code, 1860 [Entire Act]
Babu vs State Of Kerala on 11 August, 2010
(Babu case [Babu v. State of Kerala, (2010) 9 SCC 189 :
State Of U.P vs Banne @ Baijnath & Ors on 10 February, 2009
The circumstances
include : (Banne case [State of U.P. v. Banne,
(2009) 4 SCC 271 : (2009) 2 SCC (Cri) 260] ,
SCC p. 286, para 28)
‘28. … (i) The High Court's decision is based
on totally erroneous view of law by ignoring the
settled legal position;
Atley vs State Of Uttar Pradesh on 16 September, 1955
It has been laid down by this Court that it is
open to the High Court on an appeal against an
order of acquittal to review the entire evidence
and to come to its own conclusion, of course,
keeping in view the wellestablished rule that
the presumption of innocence of the accused is
not weakened but strengthened by the judgment
of acquittal passed by the trial court which had
the advantage of observing the demeanour of
witnesses whose evidence has been recorded in
its presence.
K. Gopal Reddy And Ors. Etc. Etc. vs K. Gopal Reddy . Etc. Etc. on 2 July, 2015
7. Applying the law laid down by this Court in the aforesaid
decisions of this Court to the facts of the case on hand and
while considering the impugned judgment and order passed
by the High Court, we find the same is unsustainable. On
perusal of the impugned judgment and order passed by the
High Court, we find that decision of the High Court is totally
erroneous as it has ignored the settled legal position. As
observed hereinabove, the High Court has not at all
discussed and/or reappreciated the entire evidence on
record. In fact, the High Court has only made the general
observations on the deposition of the witnesses examined.