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IN THE HIGH COURT OF ORISSA, CUTTACK
M.S.SAHOO
State of Orissa – Appellant
Versus
Ghanashyam Sahu – Respondent
| Table of Content |
|---|
| 1. filing of appeal under section 378 cr.p.c. (Para 1) |
| 2. condoning delay in filing the petition (Para 2 , 3) |
| 3. court's consideration for appeal (Para 4) |
| 4. evaluation of trial court judgment (Para 5 , 6) |
| 5. legal principles on appeal against acquittal (Para 7) |
| 6. denial of leave to file appeal (Para 8) |
| 7. conclusion of the judgment (Para 9) |
JUDGMENT :
M.S. SAHOO, J.
The petition has been filed under Section 378 Cr.P.C., seeking leave to appeal against judgment dated 26.04.2013 passed by the learned Special Judge (Vigilance), Cuttack, in T.R. Case No.218 of 2007 acquitting the opposite party, after the opposite party faced trial being charged for commission of offences punishable under Section 13(2) read with Section 13(1)(d) and 7 of the Prevention of Corruption Act, 1988.
Misc. Case No.49 of 2014
2. The misc. case has been filed praying for condoning the delay of 269 days in filing the petition.
3. Office note indicates that though notices on limitation were issued on 21.09.2015 directing requisites to be filed by 25.09.2015 for issuance of notice to the opposite party, no steps have been taken for issuance of notice.
Thereafter, the learned counsel who at present is Standing
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 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 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....
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.
In appeals against acquittal, the appellate court should not interfere unless findings are perverse; acquittal strengthens presumption of innocence.
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....
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....
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....
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