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1 - 10 of 11 (0.21 seconds)Section 148 in The Indian Penal Code, 1860 [Entire Act]
The Indian Penal Code, 1860
Chandrappa & Ors vs State Of Karnataka on 15 February, 2007
2. 2014 [4] Mh.L.J.[Cri.] 353
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147.1996 Cri.Appeal.odt
15
470, C. Antony Vs. K.G.Raghavan Nair, [2003]
1 SCC 1, State of Karnataka Vs.
K.Gopalakrishna, [2005] 9 SCC 291, State of
Goa Vs. Sanjay Thakran, [2007] 3 SCC 755
and Chandrappa, Chandrappa Vs. State of
Karnataka, [2007] 4 SCC 415. It is not
necessary to deal with these cases
individually. Suffice it to say that this Court
has consistently held that in dealing with
appeals against acquittal, the appellate Court
ig must bear in mind the following: (i) There is
presumption of innocence in favour of an
accused person and such presumption is
strengthened by the order of acquittal passed
in his favour by the trial court, (ii) The
accused person is entitled to the benefit of
reasonable doubt when it deals with the merit
of the appeal against acquittal, (iii) Though,
the power of the appellate Court in
considering the appeals against acquittal are
as extensive as its powers in appeals against
convictions but the appellate Court is
generally loath in disturbing the finding of fact
recorded by the trial court. It is so because
the trial Court had an advantage of seeing the
demeanor of the witnesses. If the trial court
takes a reasonable view of the facts of the
case, interference by the appellate Court with
the judgment of acquittal is not justified.
Section 135 in The Indian Penal Code, 1860 [Entire Act]
Section 147 in Bombay Police Act, 1951 [Entire Act]
Muralidhar @ Gidda & Anr vs State Of Karnataka on 9 April, 2014
1. 2009 All MR(Cri) 547 (S.C.)
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147.1996 Cri.Appeal.odt
14
Muralidhar alias Gidda and another Vs. State of
Karnataka2 the Supreme Court in para 12 held thus:-
Section 135 in Bombay Police Act, 1951 [Entire Act]
Section 143 in Bombay Police Act, 1951 [Entire Act]
State Of Karnataka vs K. Gopalakrishna Shenoy & Anr on 15 July, 1987
2. 2014 [4] Mh.L.J.[Cri.] 353
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147.1996 Cri.Appeal.odt
15
470, C. Antony Vs. K.G.Raghavan Nair, [2003]
1 SCC 1, State of Karnataka Vs.
K.Gopalakrishna, [2005] 9 SCC 291, State of
Goa Vs. Sanjay Thakran, [2007] 3 SCC 755
and Chandrappa, Chandrappa Vs. State of
Karnataka, [2007] 4 SCC 415. It is not
necessary to deal with these cases
individually. Suffice it to say that this Court
has consistently held that in dealing with
appeals against acquittal, the appellate Court
ig must bear in mind the following: (i) There is
presumption of innocence in favour of an
accused person and such presumption is
strengthened by the order of acquittal passed
in his favour by the trial court, (ii) The
accused person is entitled to the benefit of
reasonable doubt when it deals with the merit
of the appeal against acquittal, (iii) Though,
the power of the appellate Court in
considering the appeals against acquittal are
as extensive as its powers in appeals against
convictions but the appellate Court is
generally loath in disturbing the finding of fact
recorded by the trial court. It is so because
the trial Court had an advantage of seeing the
demeanor of the witnesses. If the trial court
takes a reasonable view of the facts of the
case, interference by the appellate Court with
the judgment of acquittal is not justified.