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1 - 10 of 31 (0.26 seconds)Section 323 in The Indian Penal Code, 1860 [Entire Act]
Section 341 in The Indian Penal Code, 1860 [Entire Act]
Section 506 in The Indian Penal Code, 1860 [Entire Act]
Budh Singh And Ors vs State Of U.P on 12 May, 2006
“12. This court time and again has laid down the
guidelines for the High Court to interfere with the
judgment and order of acquittal passed by the trial
Court. The appellate court should not ordinarily set
aside a judgment of acquittal in a case where two views
are possible, though the view of the appellate court may
be the more probable one. While dealing with a
judgment of acquittal, the appellate court has to
consider the entire evidence on record, so as to arrive
at a finding as to whether the views of the trial Court
were perverse or otherwise unsustainable. The
appellate court is entitled to consider whether in
arriving at a finding of fact, the trial Court had failed to
take into consideration admissible evidence and/or had
taken into consideration the evidence brought on record
contrary to law. Similarly, wrong placing of burden of
proof may also be a subject matter of scrutiny by the
appellate court. (Vide Balak Ram v. State of U.P. (1975)
3 SCC 219: 1974 SCC (cri) 837; Shambhoo Missir &
Anr. v. State of BiharAIR 1991 SC 315;Shailendra
Pratap & Anr. v. State of U.P. (2003) 1 SCC
761;Narendra Singh v. State of M.P. (2004) 10 SCC
699;Budh Singh & Ors. v. State of U.P. (2006) 9 SCC
731; State of U.P. v. Ramveer Singh (2007) 13 SCC
1025; S. Rama Krishna v. S. Rami Reddy AIR 2008 SC
2066; Arulvelu & Anr. Vs. State (2009) 10 SCC
206;Perla Somasekhara Reddy & Ors. v. State of A.P.
(2009) 16 SCC 98; and Ram Singh alias Chhaju v. State
of Himachal Pradesh (2010) 2 SCC 445).
Uttar Pradesh State Road Transport ... vs Ramveer Singh S/O Swaroop Singh, Labour ... on 30 November, 2007
“12. This court time and again has laid down the
guidelines for the High Court to interfere with the
judgment and order of acquittal passed by the trial
Court. The appellate court should not ordinarily set
aside a judgment of acquittal in a case where two views
are possible, though the view of the appellate court may
be the more probable one. While dealing with a
judgment of acquittal, the appellate court has to
consider the entire evidence on record, so as to arrive
at a finding as to whether the views of the trial Court
were perverse or otherwise unsustainable. The
appellate court is entitled to consider whether in
arriving at a finding of fact, the trial Court had failed to
take into consideration admissible evidence and/or had
taken into consideration the evidence brought on record
contrary to law. Similarly, wrong placing of burden of
proof may also be a subject matter of scrutiny by the
appellate court. (Vide Balak Ram v. State of U.P. (1975)
3 SCC 219: 1974 SCC (cri) 837; Shambhoo Missir &
Anr. v. State of BiharAIR 1991 SC 315;Shailendra
Pratap & Anr. v. State of U.P. (2003) 1 SCC
761;Narendra Singh v. State of M.P. (2004) 10 SCC
699;Budh Singh & Ors. v. State of U.P. (2006) 9 SCC
731; State of U.P. v. Ramveer Singh (2007) 13 SCC
1025; S. Rama Krishna v. S. Rami Reddy AIR 2008 SC
2066; Arulvelu & Anr. Vs. State (2009) 10 SCC
206;Perla Somasekhara Reddy & Ors. v. State of A.P.
(2009) 16 SCC 98; and Ram Singh alias Chhaju v. State
of Himachal Pradesh (2010) 2 SCC 445).
S. Rama Krishna vs S. Rami Reddy (D) By His Lrs. & Ors on 29 April, 2008
“12. This court time and again has laid down the
guidelines for the High Court to interfere with the
judgment and order of acquittal passed by the trial
Court. The appellate court should not ordinarily set
aside a judgment of acquittal in a case where two views
are possible, though the view of the appellate court may
be the more probable one. While dealing with a
judgment of acquittal, the appellate court has to
consider the entire evidence on record, so as to arrive
at a finding as to whether the views of the trial Court
were perverse or otherwise unsustainable. The
appellate court is entitled to consider whether in
arriving at a finding of fact, the trial Court had failed to
take into consideration admissible evidence and/or had
taken into consideration the evidence brought on record
contrary to law. Similarly, wrong placing of burden of
proof may also be a subject matter of scrutiny by the
appellate court. (Vide Balak Ram v. State of U.P. (1975)
3 SCC 219: 1974 SCC (cri) 837; Shambhoo Missir &
Anr. v. State of BiharAIR 1991 SC 315;Shailendra
Pratap & Anr. v. State of U.P. (2003) 1 SCC
761;Narendra Singh v. State of M.P. (2004) 10 SCC
699;Budh Singh & Ors. v. State of U.P. (2006) 9 SCC
731; State of U.P. v. Ramveer Singh (2007) 13 SCC
1025; S. Rama Krishna v. S. Rami Reddy AIR 2008 SC
2066; Arulvelu & Anr. Vs. State (2009) 10 SCC
206;Perla Somasekhara Reddy & Ors. v. State of A.P.
(2009) 16 SCC 98; and Ram Singh alias Chhaju v. State
of Himachal Pradesh (2010) 2 SCC 445).
Arulvelu & Anr vs State Rep By Public Prosecutor & Anr on 7 October, 2009
“12. This court time and again has laid down the
guidelines for the High Court to interfere with the
judgment and order of acquittal passed by the trial
Court. The appellate court should not ordinarily set
aside a judgment of acquittal in a case where two views
are possible, though the view of the appellate court may
be the more probable one. While dealing with a
judgment of acquittal, the appellate court has to
consider the entire evidence on record, so as to arrive
at a finding as to whether the views of the trial Court
were perverse or otherwise unsustainable. The
appellate court is entitled to consider whether in
arriving at a finding of fact, the trial Court had failed to
take into consideration admissible evidence and/or had
taken into consideration the evidence brought on record
contrary to law. Similarly, wrong placing of burden of
proof may also be a subject matter of scrutiny by the
appellate court. (Vide Balak Ram v. State of U.P. (1975)
3 SCC 219: 1974 SCC (cri) 837; Shambhoo Missir &
Anr. v. State of BiharAIR 1991 SC 315;Shailendra
Pratap & Anr. v. State of U.P. (2003) 1 SCC
761;Narendra Singh v. State of M.P. (2004) 10 SCC
699;Budh Singh & Ors. v. State of U.P. (2006) 9 SCC
731; State of U.P. v. Ramveer Singh (2007) 13 SCC
1025; S. Rama Krishna v. S. Rami Reddy AIR 2008 SC
2066; Arulvelu & Anr. Vs. State (2009) 10 SCC
206;Perla Somasekhara Reddy & Ors. v. State of A.P.
(2009) 16 SCC 98; and Ram Singh alias Chhaju v. State
of Himachal Pradesh (2010) 2 SCC 445).
Perla Somasekhara Reddy & Ors vs State Of A.P Rep.By Public Prosecutor on 6 May, 2009
“12. This court time and again has laid down the
guidelines for the High Court to interfere with the
judgment and order of acquittal passed by the trial
Court. The appellate court should not ordinarily set
aside a judgment of acquittal in a case where two views
are possible, though the view of the appellate court may
be the more probable one. While dealing with a
judgment of acquittal, the appellate court has to
consider the entire evidence on record, so as to arrive
at a finding as to whether the views of the trial Court
were perverse or otherwise unsustainable. The
appellate court is entitled to consider whether in
arriving at a finding of fact, the trial Court had failed to
take into consideration admissible evidence and/or had
taken into consideration the evidence brought on record
contrary to law. Similarly, wrong placing of burden of
proof may also be a subject matter of scrutiny by the
appellate court. (Vide Balak Ram v. State of U.P. (1975)
3 SCC 219: 1974 SCC (cri) 837; Shambhoo Missir &
Anr. v. State of BiharAIR 1991 SC 315;Shailendra
Pratap & Anr. v. State of U.P. (2003) 1 SCC
761;Narendra Singh v. State of M.P. (2004) 10 SCC
699;Budh Singh & Ors. v. State of U.P. (2006) 9 SCC
731; State of U.P. v. Ramveer Singh (2007) 13 SCC
1025; S. Rama Krishna v. S. Rami Reddy AIR 2008 SC
2066; Arulvelu & Anr. Vs. State (2009) 10 SCC
206;Perla Somasekhara Reddy & Ors. v. State of A.P.
(2009) 16 SCC 98; and Ram Singh alias Chhaju v. State
of Himachal Pradesh (2010) 2 SCC 445).
Ram Singh @ Chhaju vs State Of H.P on 28 January, 2010
“12. This court time and again has laid down the
guidelines for the High Court to interfere with the
judgment and order of acquittal passed by the trial
Court. The appellate court should not ordinarily set
aside a judgment of acquittal in a case where two views
are possible, though the view of the appellate court may
be the more probable one. While dealing with a
judgment of acquittal, the appellate court has to
consider the entire evidence on record, so as to arrive
at a finding as to whether the views of the trial Court
were perverse or otherwise unsustainable. The
appellate court is entitled to consider whether in
arriving at a finding of fact, the trial Court had failed to
take into consideration admissible evidence and/or had
taken into consideration the evidence brought on record
contrary to law. Similarly, wrong placing of burden of
proof may also be a subject matter of scrutiny by the
appellate court. (Vide Balak Ram v. State of U.P. (1975)
3 SCC 219: 1974 SCC (cri) 837; Shambhoo Missir &
Anr. v. State of BiharAIR 1991 SC 315;Shailendra
Pratap & Anr. v. State of U.P. (2003) 1 SCC
761;Narendra Singh v. State of M.P. (2004) 10 SCC
699;Budh Singh & Ors. v. State of U.P. (2006) 9 SCC
731; State of U.P. v. Ramveer Singh (2007) 13 SCC
1025; S. Rama Krishna v. S. Rami Reddy AIR 2008 SC
2066; Arulvelu & Anr. Vs. State (2009) 10 SCC
206;Perla Somasekhara Reddy & Ors. v. State of A.P.
(2009) 16 SCC 98; and Ram Singh alias Chhaju v. State
of Himachal Pradesh (2010) 2 SCC 445).