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IN THE HIGH COURT OF ORISSA, CUTTACK
M.S. SAHOO
State of Orissa – Appellant
Versus
Md. Ismile – Respondent
| Table of Content |
|---|
| 1. overview of the case and acquittal details. (Para 1) |
| 2. argument for granting leave to appeal. (Para 2) |
| 3. court's observations on evidence and trial court's findings. (Para 3 , 4 , 5 , 6) |
| 4. legal principles on interference in acquittal cases. (Para 7) |
| 5. conclusion on the appeal and disposition. (Para 8 , 9) |
JUDGMENT :
M.S. SAHOO, J.
The CRLLP has been filed under Section 378 (1) (3) of the Cr.P.C. seeking leave to file appeal against the order dated 28.07.2008 passed by the learned District Judge- cum-Special Judge, Sundargarh in G.R. Case No.715 of 1999 arising out of Tangarpalli P.S.Case No.53 of 1999. By the said judgment the learned court has acquitted the opposite party under Section 235 (1) of Cr.P.C. after he stood trial being charged for committing offence under Section 20 (b) of Narcotic Drugs and Psychotropic Substances Act.
2. Learned Additional Government Advocate appearing for the State submits that it is a fit case where leave should be granted as the learned trial court has not taken note of the evidence on record and the judgment suffers from perversity due to non-consideration of the relevant materials on record.
3. Having heard the learned Additional
An appellate court may only overturn a trial court's acquittal if findings are perverse, ignoring relevant evidence or reliant on unsustainable conclusions, with the presumption of innocence strongly....
In appeals against acquittal, the presumption of innocence is reinforced, requiring clear justification for interference unless the lower court's judgment is perverse or inconsistent with evidence.
An appellate court should refrain from disturbing an acquittal unless sufficiently compelling reasons justify it, emphasizing the presumption of innocence and proper evaluation of trial court decisio....
In appeals against acquittal, the appellate court should not interfere unless findings are perverse; acquittal strengthens presumption of innocence.
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 should not disturb the finding of acquittal unless the lower court's approach is vitiated by manifest illegality and the decision is characterized as perverse. The judgment and or....
Point of law : where the trial court allows itself to be beset with fanciful doubts, rejects creditworthy evidence for slender reasons and takes a view of the evidence which is but barely possible, i....
(1) Once appeal is entertained against order of acquittal, High Court is entitled to reappreciate entire evidence independently and come to its own conclusion.(2) Against an order of acquittal passed....
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