acquittal, nor could, therefore, give any direction if there be acquittal with regard to the charge for which the accused were expressly or impliedly acquitted ... assumption that' the trial Court had recorded the judgment of Implied acquittal with regard to the charge under Section 148 , I. P. C. Directions
1959 to this Court. As against the order of ' implied acquittal on the charge of murder there was no appeal to this Court ... Court and that he was entitled to alter the finding of implied acquittal into one of conviction, was supported by some of the decisions
charge under Section 148 , Indian Penal Code amounts to an implied acquittal of the offence involved in that charge and that once it is held ... Their Lordships of the Judicial Committee held that there was an implied acquittal of the offence under Section 302 , Indian Penal Code
Abdullah
concerned
vi. No finding on other charges:- 60-62
whether implied acquittal?
9. Sanction to prosecute 62-65
10. Conclusion 65-69
6
Joymalya
In Re: K.V. Ayyaswamy vs Unknown on 19 March, 1964
Equivalent citations: AIR1965AP105, 1965CRILJ281
urged that in such situation the
doctrine of implied acquittal can be applied in such
cases. It is true that the accused was charge
sheeted ... that omission to record a finding on a charge amounts
to implied acquittal is to mislead the correct law and
it will put a premium
State did not file any appeal against the implied acquittal of accused of offence under section 302 . The State, however, filed a revision petition ... noticed above, amount to acquittal. Assuming, however, that tantamounts to an implied acquittal, it would only show that the said acquittal was for the reason
nothing is said about a particular charge, it amounts to an implied acquittal and so if there is no appeal against that implied acquittal ... Applying that rule, it must be held that there was an implied acquittal of all the accused under Section 420 or Section 420 read with
acquittal in
regard to the previous offence wipes out the guilt and
turpitude attaching to the previous conviction, for, the
true, implication of an acquittal ... acquittal is founded on benefit of doubt or
rests upon an overall rejection of the prosecution case. The
sequiter that the order of acquittal implies
acquittal, whereas
a. 423 (1) (b) (2) covers cases of implied and partial
acquittal. It is also urged that whereas there is a
specific provision ... well-
founded. In regard, to the argument of implied acquittal
being open to review by the High Court under
