• Criminal Trial - Acquittal -  Concurrent finding of acquittal - The Additional Sessions Judge was right in granting him benefit of doubt - The view which favours the accused/appellant has to be considered and we discard the opposite view which indicates his guilt - We are also of the view that the High Court should not have interfered with the decision taken by the Additional Session Judge, as the judgment passed was not manifestly illegal, perverse, and did not cause miscarriage of justice - In absence of any manifest illegality, perversity and miscarriage of justice, High Court would not be justified interfering with the concurrent finding of acquittal of the accused merely because on re-appreciation of evidence it found the testimony of PWs to be reliable whereas the trial Court had taken an opposite view. (2016)3 SCEJ 562
  • Criminal Trial - Co-accused was acquitted of the charges  Plea  hence the benefit of the same be also extended to the appellant - Negated  -  Eevidence on record in no uncertain terms proves that it was the appellant who was the aggressor and hit the deceased - When the evidence directly attributes the appellant for commission of the act then we fail to appreciate as to how and on what basis we can ignore this material evidence duly proved by the eyewitnesses - Such was not the case so far as co-accused is concerned - The prosecution witnesses too did not speak against the co-accused and hence he was given the benefit of doubt. (2016)3 SCEJ 752
  •  Criminal trial -  The question is whether this court would be justified in reversing the finding of acquittal in the case on hand on the grounds that (i) the framing of charges is egregiously erroneous and not in accordance with the provisions of the CrPC; or (ii) the courts below failed to record appropriate findings with respect to the various offences which the accused are said to have committed; or (iii) the 1st appellate court's reasoning in declining to reverse a finding of acquittal recorded by the trial court is defective? The answer to the question, in our opinion, should be in the negative. (2018)2 SCeJ 1183 DOWNLOAD
  • Criminal trial  - It is by now well settled that the Appellate Court hearing the appeal filed against the judgment and order of acquittal will not overrule or otherwise disturb the Trial Court’s acquittal if the Appellate Court does not find substantial and compelling reasons for doing so - However, if the view taken by the Trial Court while acquitting the accused is one of the possible views under the facts and circumstances of the case, the Appellate Court generally will not interfere with the order of acquittal particularly in the absence of the aforementioned factors.  (2018)2 SCeJ 1157 
  • Criminal trial  - It is by now well settled that the Appellate Court hearing the appeal filed against the judgment and order of acquittal will not overrule or otherwise disturb the Trial Court’s acquittal if the Appellate Court does not find substantial and compelling reasons for doing so - However, if the view taken by the Trial Court while acquitting the accused is one of the possible views under the facts and circumstances of the case, the Appellate Court generally will not interfere with the order of acquittal particularly in the absence of the aforementioned factors.

    2018)2 SCeJ 1157

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