Back
IN THE HIGH COURT OF ORISSA AT CUTTACK
V.NARASINGH
State of Orissa – Appellant
Versus
Kanhei Samal – Respondent
| Table of Content |
|---|
| 1. principles governing appeals against acquittal (Para 3 , 4 , 5 , 6) |
| 2. factual circumstances of the case (Para 8 , 9 , 10) |
| 3. discrepancies in witness testimonies (Para 11 , 12 , 13 , 14 , 15) |
| 4. arguments for reversing acquittal (Para 16 , 17) |
| 5. court’s final ruling on appeal (Para 18 , 19 , 20 , 21) |
JUDGMENT :
V. Narasingh, J.
1. Heard Mr. Gaya, learned ASC for the Appellant.
2. None appears for the Respondents.
3. This Appeal at the instance of the State is filed under Section 378 (1)&(3) of the Cr.P.C. assailing the judgment dated 28.10.1995 passed by the learned J.M.F.C.,(R), Cuttack in G.R. Case No.974/23 (Trl. No.27/94) acquitting the Respondents of the charges under Section 448 /323/324/341/34 of IPC .
4. The principles governing the exercise of power in an appeal against acquittal is worth reiterating before adverting to the factual matrix of the case at hand.
5. In Mrinal Das & Others vs. the State of Tripura 2011 (9) SCC 479 reported in the apex Court have extensively dealt with the scope of an Appellate Court to interfere with an Appeal against acquittal.
6. The guiding principles in an Appeal against acquittal and the power of the Appellate Court to “re-appre
An appellate court has extensive power to review acquittals; however, it should respect trial court's findings unless they are manifestly perverse or contrary to established law.
The appellate court will not overturn an acquittal unless the trial court's decision is unreasonable or perverse, reinforcing the presumption of innocence.
An appellate court should not interfere with an acquittal unless the trial court's decision is perverse or based on manifest illegality.
The appellate court must respect the trial court's acquittal unless the judgment is perverse or unreasonable, emphasizing the presumption of innocence and the prosecution's burden to prove guilt beyo....
An appellate court may review evidence in acquittal appeals but must respect the presumption of innocence and uphold acquittals unless clear errors or compelling reasons exist.
The presumption of innocence in favor of the accused is reinforced by the trial court's acquittal, and appellate courts should only interfere with an order of acquittal in exceptional cases with comp....
The court upheld the presumption of innocence, affirming that a reasonable doubt in prosecution evidence justifies acquittal, and appellate review should respect trial court findings unless perverse.
An appellate court can only overturn an acquittal if it finds that the guilt of the accused is the only reasonable conclusion based on the evidence, reaffirming the presumption of innocence.
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
