Back
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
G. BASAVARAJA
Union Of India By Inspector Rpf, Bangalore Cantt – Appellant
Versus
K. Selvam, S/O Kannan – Respondent
| Table of Content |
|---|
| 1. facts of the case leading to appeal. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. arguments from the prosecution. (Para 8 , 9) |
| 3. court's observation on appellate power. (Para 10 , 11 , 12) |
| 4. discussion on evidence and doubt. (Para 18 , 19 , 20 , 21 , 22) |
| 5. principles related to official testimony. (Para 23 , 24 , 25 , 26) |
| 6. conclusion of the appellate review. (Para 27 , 28) |
JUDGMENT :
G BASAVARAJA, J.
The State has preferred this appeal against the judgment of acquittal passed by the Presiding officer, Special Court for Economic Offences at Bengaluru in C.C No.766/2003 dated 26.09.2012.
2. For the sake of convenience, the parties herein are referred to as per their status before the trial Court.
3. The brief facts leading to this appeal are that the Inspector of RPF, Bangalore Cantonment Bangalore has laid the charge sheet against accused No.1 and 2 for the offence punishable under Section 3 (a) of the RP(UP) Act, 1966.
4. It is alleged by the prosecution that on 26.12.2002 at about 06:10 hours, the complainant along with his staff were on confidential watch duty at Kogilu Cross, Near NH-7 Road, Yelahanka, Bangalore. During that time, the Accused No.1, was going towards Eastern sid
An appellate court can only reverse an acquittal if evidence is insufficient or misapprehended; doubts favoring the accused must be resolved in their favor.
An appellate court must show substantial grounds and evidence to interfere with a trial court's acquittal; mere disagreement with the trial court's conclusions is not sufficient.
The judgment emphasized the presumption of innocence, the need for compelling circumstances to interfere with an order of acquittal, and the principles for appellate court's interference with the ord....
In appeals against acquittal, the appellate court should not interfere unless findings are perverse; acquittal strengthens presumption of innocence.
Once appellate court arrives at a conclusion and judgment of acquittal is passed in favour of accused person after considering materials on record, scope of interference in revisional jurisdiction be....
An appellate court cannot interfere with an acquittal without compelling reasons, maintaining the presumption of innocence and respecting the trial court's assessment of evidence.
The appellate court upheld the acquittal due to serious flaws in the Test Identification Parade, emphasizing the presumption of innocence and the need for clear evidence of guilt.
Point of law: So far as the presumption under Section 20 of the PC Act is concerned, it trite that even the presumption under Section 20 of the PC Act can be drawn only if an accused person has accep....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
