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Appellate Court Re=appreciate Entire Evidence

Raj Kumar Makkad ,
  06 March 2010       Share Bookmark

Court :
Supreme Court of India
Brief :
Criminal - Appeal against acquittal - Review of evidence - Power of Appellate Court thereof - Sections 378 and 386 of the Criminal Procedure Code, 1973
Citation :
State of U.P. v. Guru Charan and Ors (Decided on 23.02.2010) MANU/SC/0130/2010
Held, the Appellate Court may review the evidence in appeals against acquittal under Sections 378 and 386 of the Criminal Procedure Code, 1973. Its power of reviewing evidence is wide and the appellate court can reappreciate the entire evidence on record. It can review the trial court's conclusion with respect to both facts and law. There must also be substantial and compelling reasons for reversing an order of acquittal. This Court would be justified in interfering with the judgment of acquittal of the High Court only when there are very substantial and compelling reasons to discard the High Court's decision.

 
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Published in Criminal Law
Views : 1588




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