Interference is only justified if the acquittal is manifestly illegal, perverse, or based on an incorrect appreciation of evidence; mere disagreement with the trial court's view is insufficient (Sources: 01300026157, 00100047877).
Analysis and Conclusion:
References: - State Of Haryana VS Raj Kumar - Punjab and Haryana - STATE OF UTTAR PRADESH VS DHAN SINGH - Allahabad - Raj Kumar Savita VS Union of India (Govt. of India) New Delhi - Allahabad - Bharosi VS State of Madhay Pradesh - Crimes - Dhanapal VS State by Public Prosecutor, Madras - Supreme Court - State of Gujarat VS Ranchodbhai Bhagabhai Koli Patel - Gujarat - Food Inspector/Food Safety officer VS Santosh Sharma - Crimes - State Of Chhattisgarh Through Station House Officer, Police Station-Nagarnar, District- Bastar C.G. vs Pritam Manjhi S/o Kamal Lachchhan Manjhi - Chhattisgarh
... (iv) Even if two views are possible, there is no ground to set aside ... view is possible. ... the well reasoned judgment of acquittal. ... Reasons for the finding recorded by the learned trial Court are not shown, in any manner, to be illegal or perverse. Even if two views are possible, there is no ground to set aside the well reasoned judgment#HL....
... ... Ratio Decidendi: The court determined that compliance with procedural safeguards is not absolute and that substantial compliance ... It is mainly contended by learned counsel for the appellant that the High Court/appellate Court was not justified in interfering with the judgment of acquittal passed by the trial court merely because another view is possible. ... As noted earlier, in support of his argument that merely becaus....
The High Court has taken pains to say that merely because PW-8 is the brother of the deceased and PW-13 was servant of another brother ... cannot be lightly reversed merely because High Court could take a different view; but in this case, in our view, the High Court ... was quite justified in setting aside the order of acquittal although we do not agree with the High Court in applying Section 149 ... The learned senior counsel for the appellants cont....
The High Court has taken pains to say that merely because PW-8 is the brother of the deceased and PW-13 was servant of another brother ... cannot be lightly reversed merely because High Court could take a different view; but in this case, in our view, the High Court ... was quite justified in setting aside the order of acquittal although we do not agree with the High Court in applying Section 149 ... The learned senior counsel for the appellants cont....
a possible or plausible view – Acquittal cannot be set aside by merely substituting its reasons by the High Court. ... ... The High Court in the impugned judgment set aside the acquittal ... only surviving appellant herein (who was accused no.1 before the High Court) has filed the present appeal against the impugned judgment ... It is a well settled legal position that when the view#HL_....
be justified interfering with concurrent finding of acquittal of accused merely because on re-appreciation of evidence it found ... was wrong in interfering with order of acquittal passed by Additional Sessions Second ground pleaded before us by counsel for the ... have interfered decision taken by Additional Session Judge – Judgment passed was not manifestly illegal, perverse, and did not cause ... ; and ... (iv) Merely because the appellate court o....
that the acquittal could not be set aside merely because another view could be taken. ... DEED NOT LEGALLY PROVED - ACQUITTAL UPHELD. ... CRIMINAL LAW - MURDER - SECTION 302 IPC - ACQUITTAL OF ACCUSED - EVIDENCE - INJURIES SUSTAINED BY ACCUSED NOT EXPLAINED - WILL ... It may be noted here that in appeal against acquittal we cannot set aside the....
because another view is possible or that another view is more plausible—Public Analyst’s report has adjudged sample as deficient ... at by Trial Court are perverse or there is misapplication of law or any legal principle—High Court cannot entertain a petition merely ... Criminal Procedure Code, 1973—Prevention of Food Adulteration Act, 1954—Sections 7, 16 and 13(2)—Section 378—Sale of adulterated milk—Acquittal ... The High Court cannot entertain a petition ....
substitute its own view merely because another is possible. ... ... ... Findings of Court: ... Judgment of acquittal was based on perceived inconsistencies in victim’s testimony. ... Acquittal deemed not perverse. ... ... Result: Appeal dismissed. ... Equally if two views are possible, it is not permissible to set aside an order of acquittal, mer....
Impugned judgment of High Court convicting and sentencing appellants was set aside and trial court judgment acquitting appellants ... on record, one favouring accused and one against accused, High Court is not expected to reverse acquittal merely because it would ... of High Court convicting and sentencing appellants set aside and trial court judgment acquitting appellants restored – Appeal allowed ... If two views....
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