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1 - 10 of 10 (0.21 seconds)Section 384 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 385 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 34 in The Indian Penal Code, 1860 [Entire Act]
Section 307 in The Indian Penal Code, 1860 [Entire Act]
Amar Singh vs Balwinder Singh & Ors on 31 January, 2003
In Amar Singh v. Balwinder Singh 2003
(2) SCC 518, the duty of the appellate Court while hearing a criminal
appeal in the light of the aforesaid provisions was explained and para 7 of
the report reads as under :
The Code of Criminal Procedure, 1973
Biswanath Ghosh vs State Of West Bengal & Ors on 16 February, 1987
In a case based upon
direct eye-witness account, the testimony of the eye-
witnesses is of paramount importance and if the Appellate
Court reverses the finding recorded by the Trial Court and
acquits the accused without considering or examining the
testimony of the eye-witnesses, it will be a clear infraction
of Section 386 Cr.P.C. In Biswanath Ghosh v. State of
West Bengal & Ors. AIR 1987 SC 1155 it was held that
where the High Court acquitted the accused in appeal
against conviction without waiting for arrival of records
from the Sessions Court and without perusing evidence
adduced by prosecution, there was a flagrant mis-carriage of
justice and the order of acquittal was liable to be set aside.
It was further held that the fact that the Public Prosecutor
conceded that there was no evidence, was not enough and
the High Court had to satisfy itself upon perusal of the
records that there was no reliable and credible evidence to
warrant the conviction of the accused.
State Of Uttar Pradesh vs Sahai And Ors. on 14 April, 1981
In State of UP v.
Sahai & Ors. AIR 1981 SC 1442 it was observed that where
the High Court has not cared to examine the details of the
intrinsic merits of the evidence of the eye-witnesses and has
rejected their evidence on the general grounds, the order of
acquittal passed by the High Court resulted in a gross and
substantial mis-carriage of justice so as to invoke extra-
ordinary jurisdiction of Supreme Court under Article 136 of
the Constitution."
Article 136 in Constitution of India [Constitution]
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