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M. S. RAMESH, C. KUMARAPPAN
State represented by The Inspector of Police – Appellant
Versus
Ramesh – Respondent
JUDGMENT :
C.KUMARAPPAN, J.
PRAYER: Criminal Appeal filed under Section 378(1)(b) of the Criminal Procedure Code to set aside the judgment of acquittal of the respondents/accused A1 to A6 and A9 to A11 in SC.No.233 of 2014 on the file of the XIX Additional Sessions Court, Chennai dated 26.04.2018 and convict the respondents/accused A1 to A6 and A9 to A11 for the charges framed against them.
PRAYER: Criminal Appeal filed under Section 372(2) of the Criminal Procedure Code to set aside the judgment of the learned XIX Additional Sessions Court, Chennai acquitting the accused 2 to 12 in SC.No.233 of 2014 dated 26.04.2018 and convict the accused 2 to 7 and 12 of the offences under Sections 120(b) r/w 302, 147, 148, 448 r/w 149, 302 r/w 34, 336 r/w 149, 427 r/w 149 and 506(ii) r/w 149 IPC and convict the accused 10 and 11 of the offences under Sections 120(b) r/w 302, 143 and 302 r/w 149 sentence them to imprisonment setting aside the order passed by the learned XIX Additional Sessions Court, Chennai and punish the accused under Sections 120(b) r/w 302, 143, 147, 148, 448 r/w 149, 302 r/w 34, 302 r/w 149, 336 r/w 149, 427 r/w 149 and 506(ii) r/w 149 IPC.
The instant Criminal Appeals have bee
The appellate court can overturn a trial court's acquittal if the findings are perverse, emphasizing the importance of eyewitness testimony and the presumption of innocence.
The presumption of innocence must prevail in appeals against acquittal, requiring compelling evidence to overturn a trial court's decision.
The presumption of innocence prevails in appeals against acquittal, and any reversal requires compelling evidence of error or illegality in the trial court's findings.
Appellate court upholds acquittal unless trial court's findings are perverse; delayed FIR and unreliable witnesses justify non-interference.
1. If two reasonable conclusions are possible on the basis of the evidence on record, the Appellate Court should not disturb the findings of acquittal. 2. The acquittal re-enforces and reaffirms the....
When evidence of eye-witnesses are not trust worthy to believe, then motive place an important role to prove guilt of accused.
An appellate court should not lightly interfere with an order of acquittal, even if it believes that there is some evidence pointing to the guilt of the accused.
(1) Murder, attempt to murder and rioting – When genesis and manner of incident itself are doubtful, benefit of doubt should always be in favour of accused.(2) Appreciation of evidence – While apprec....
The judgment reinforces the principle that an acquittal should not be overturned unless there is clear evidence of guilt beyond a reasonable doubt.
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