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Chandrappa & Ors vs State Of Karnataka on 15 February, 2007 cites

Sanwat Singh & Others vs State Of Rajasthan on 9 December, 1960

In some cases (Ramabhupala Reddy & Ors. v. State of A.P. AIR 1971 SC 460, Bhim Singh Rup Singh v. State of Maharashtra, AIR 1974 SC 286), it has been said that to the principles laid down in Sanwat Singh's case may be added the further principle that "if two reasonable conclusions can be reached on the basis of the evidence on record, the Appellate Court should not disturb the finding of the Trial Court". This, of course, is not a new principle. It stems out of the fundamental principle of our criminal jurisprudence that the accused is entitled to the benefit of any reasonable doubt. If two reasonably probable and evenly balanced views of the evidence are possible, one must necessarily concede the existence of a reasonable doubt. But, fanciful and remote possibilities must be left out of account. To entitle an accused person to the benefit of a doubt arising from the possibility of a duality of views, the possible view in favour of the accused must be as nearly reasonably probable as that against him. If the preponderance of probability is all one way, a bare possibility of another view will not entitle the accused to claim the benefit of any doubt. It is, therefore, essential that any view of the evidence in favour of the accused must be reasonable even as any doubt, the benefit of which an accused person may claim, must be reasonable".
Supreme Court of India Cites 21 - Cited by 228 - Full Document

Sheo Swarup vs King-Emperor on 26 July, 1934

The first decision was rendered by Judicial Committee of the Privy Council in Sheo Swarup & Ors. v. King Emperor, (1934) 61 IA 398 : AIR 1934 PC 227(2). In Sheo Swarup, the accused were acquitted by the Trial Court and the Local Government directed the Public Prosecutor to present an appeal to the High Court from an order of acquittal under Section 417 of the old Code, (similar to Section 378 of the present Code). At the time of hearing of appeal before the High Court, it was contended on behalf of the accused that in an appeal from an order of acquittal, it was not open to the appellate Court to interfere with the findings of fact recorded by the trial Judge unless such findings could not have been reached by him had there not been some perversity or incompetence on his part. The High Court, however, declined to accept the said view. It held that no condition was imposed on the High Court in such appeal. It accordingly reviewed all the evidence in the case and having formed an opinion of its weight and reliability different from that of the Trial Judge, recorded an order of conviction. A petition was presented to His Majesty in Council for leave to appeal on the ground that conflicting views had been expressed by the High Courts in different parts of India upon the question whether in an appeal from an order of acquittal, an appellate Court had the power to interfere with the findings of fact recorded by the Trial Judge. Their Lordships thought it fit to clarify the legal position and accordingly upon the 'humble advice of their Lordships', leave was granted by His Majesty. The case was, thereafter, argued. The Committee considered the scheme and interpreting Section 417 of the Code (old Code) observed that there was no indication in the Code of any limitation or restriction on the High Court in exercise of powers as an appellate Tribunal. The Code also made no distinction as regards powers of the High Court in dealing with an appeal against acquittal and an appeal against conviction. Though several authorities were cited revealing different views by High Courts dealing with an appeal from an order of acquittal, the Committee did not think it proper to discuss all the cases.
Bombay High Court Cites 7 - Cited by 816 - Full Document

Surajpal Singh And Others vs The State on 20 December, 1951

"In some of the earlier decisions of this Court, however, in emphasising the importance of adopting a cautious approach in dealing with appeals against acquittals, it was observed that the presumption of innocence is reinforced by the order of acquittal and so, 'the findings of the trial Court which had the advantage of seeing the witnesses and hearing their evidence can be reversed only for very substantial and compelling reasons' : vide Surajpal Singh v. The State [(1952) S.C.R. 193, 201].
Supreme Court of India Cites 9 - Cited by 384 - S S Ali - Full Document
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