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1955 Supreme(Bom) 9

P.B.GAJENDRAGADKAR, VYAS
State – Appellant
Versus
Kanu Dharma Patil – Respondent


Advocates Appeared:
V.S Desai, Y.V. Chandrachud

JUDGMENT

Gajendragadkar, J.

[1] This is an appeal by the State against the order of acquittal passed by the learned Judicial Magistrate, First Class, Murud, in favour of the respondent Kanu dharma Patil.

[2] The case against the respondent was that he had committed an offence punishable under Section 4, Bombay Harijan Temple Entry Act, 1947, in that he had prevented Chintu Rama Ambedkar, a Harijan boy, from entering the temple of shri Bhairi at Waral on 2-5-1953. The accused denied the charge. The learned magistrate took the view that the charge brought against the accused had not been proved beyond a reasonable doubt. That is why he acquitted the accused of the offence charged. It is this order of acquittal which is challenged before us by Mr. Chandrachud on behalf of the State. It is hardly necessary to begin the judgment with the statement of the law which governs our powers as a Court of appeal in dealing with orders of acquittals. It is now well settled that ordinarily this Court would not be justified in interfering with an order of acquittal unless there are substantial and compelling reasons so to do. Mr. Desai for the accused has strongly relied on this principle and has urg










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