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
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
appeal to the High Court. As against the order of implied acquittal on the charge of murder there was no appeal by the State under
opportunity of being heard, it can be taken to be an implied condition of such judgment or order that it should be open to reconsider ... appeal to the High Court. As against the order of implied acquittal on the charge of murder there was no appeal by the State under
must not be enhanced. The power to alter a funding of acquittal implies the power to convert it into one of conviction and the power ... conviction implies the power to alter the conviction under one section to another. Here we are asked to alter a finding of acquittal into
legal effect of such an Order ? Should it mean an implied acquittal? An examination of the provisions relating to the trial of summons cases reveals ... matter, I am quite unable to treat the order as implying acquittal. It should then follow that such an order, if challenged as not permissible
appeal to the High Court. As against the order of implied acquittal on the charge of murder, there was no appeal by the State under
Kusta Balsu Kandnekar vs State on 13 September, 1985
JUDGMENT
1. This appeal by the
Schedule Tribe (Prevention and Atrocities) Act, 1989 deemed to
an implied acquittal from the said charge.
Therefore considering the entire facts and circumstances
their defence AS we have found above, they have secured an implied acquittal for offences other than those of which they have been convicted
