Merely Because Second View Is Possible, Appellate Court Can’t Substitute View In Appeal Against Acquittal: Bombay HC [Read JT]
7 years, 8 months ago

Merely Because Second View Is Possible, Appellate Court Can’t Substitute View In Appeal Against Acquittal: Bombay HC [Read JT]

Live Law  

Dismissing Maharashtra State’s appeal against the acquittal of an accused, the Bombay High Court has held that merely because a second view may be possible, the court, in its appellate jurisdiction dealing with an appeal against acquittal, cannot substitute its view and therefore, the view taken by the trial court needs to be confirmed.A bench of Justice Vibha Kankanwadi was hearing an. Dismissing Maharashtra State’s appeal against the acquittal of an accused, the Bombay High Court has held that merely because a second view may be possible, the court, in its appellate jurisdiction dealing with an appeal against acquittal, cannot substitute its view and therefore, the view taken by the trial court needs to be confirmed. A bench of Justice Vibha Kankanwadi was hearing an appeal filed by the State against the order of acquittal dated January 4, 2001, wherein accused Satish Kumar Tiwari was acquitted of charges under Sections 420, 494, 498 A and 506 of the Indian Penal Code by the Chief Judicial Magistrate, Pune. Merely because, the second view may be possible, this Court in its appellate jurisdiction dealing with the Appeal against acquittal cannot substitute its view and therefore, the view taken by the Trial Court needs to be confirmed.” Read the Judgment Here

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History of this topic

Accused Cannot Claim Acquittal On Ground Of Faulty Investigation : Supreme Court
2 months, 2 weeks ago

Accused Cannot Claim Acquittal On Ground Of Faulty Investigation : Supreme Court

Live Law  

The Supreme Court held that the accused cannot claim acquittal solely on grounds of faulty investigation. It has been a consistent stand of this court that the accused cannot claim acquittal on the ground of faulty investigation done by the prosecuting agency.,'' held Justices Sudhanshu Dhulia and Prasanna B. Varale. Another important principle discussed by the Court was “falsus in …

While Acquitting, Court Cannot Order Re-Investigation Against Acquitted Accused For Same Offence : Supreme Court
3 months ago

While Acquitting, Court Cannot Order Re-Investigation Against Acquitted Accused For Same Offence : Supreme Court

Live Law  

The Supreme Court today ruled that a Court, while acquitting the accused, cannot order that he must be subjected to re-investigation for the same offence. The Court set aside the Madras High Court decision which directed a de-novo investigation against the accused for offences in which he was already acquitted, stating that it would amount to a violation of the …

Prosecution's Case 'Must Be Proved Beyond Reasonable Doubts' & Not Merely 'May Be Proved': Allahabad HC Upholds Acquittal Of 6 In 'Riots' Case
4 months, 1 week ago

Prosecution's Case 'Must Be Proved Beyond Reasonable Doubts' & Not Merely 'May Be Proved': Allahabad HC Upholds Acquittal Of 6 In 'Riots' Case

Live Law  

While upholding the acquittal of 6 men accused of rioting and assaulting police personnel in Jhansi's Babina district in 2008, the Allahabad High Court recently observed that it is a well-established principle that the prosecution's case 'must be proved beyond reasonable doubts' and not merely 'may be proved'. A bench of Justice Rajiv Gupta and Justice Surendra Singh-I also observed …

Supreme Court Reiterates Principles To Be Adhered By Appellate Court While Reversing Acquittal
11 months ago

Supreme Court Reiterates Principles To Be Adhered By Appellate Court While Reversing Acquittal

Live Law  

Recently, the Supreme Court reiterated the principles that must be adhered to by the appellate Court while reversing the decision of acquittal as arrived by the Trial Court. The guiding principles read as follows: “ That the judgment of acquittal suffers from patent perversity; That the same is based on a misreading/omission to consider material evidence on record; That no …

Impermissible For High Court To Interfere With Acquittal Unless Trial Court's View Is Perverse Or Impossible : Supreme Court
11 months, 2 weeks ago

Impermissible For High Court To Interfere With Acquittal Unless Trial Court's View Is Perverse Or Impossible : Supreme Court

Live Law  

The Supreme Court on Tuesday reiterated that in the event of the possibility of two views, if the trial court acquits the accused, then it would not be permissible for the High Court to interfere with the trial court's order of acquittal unless the view taken by the trial court was perverse. “In any case, even if two views are …

O.47 R.27 CPC | While Court Can't Usually Record Additional Evidence At Appellate Stage, Ceratin Exceptions Are Carved Out For Doing So: J&K High Court
1 year ago

O.47 R.27 CPC | While Court Can't Usually Record Additional Evidence At Appellate Stage, Ceratin Exceptions Are Carved Out For Doing So: J&K High Court

Live Law  

The Jammu and Kashmir & Ladakh High Court has said that ordinarily the parties to an appeal shall not be entitled to produce additional evidence, whether oral or documentary, in the appellate court. However clarifying the circumstances under which an appellate court can allow parties to introduce new evidence during an appeal Justice Javed Iqbal Wani observed, “Normally an appellate …

Principles To Be Followed By Appellate Courts In Deciding Appeals From Acquittal : Supreme Court Explains
1 year, 1 month ago

Principles To Be Followed By Appellate Courts In Deciding Appeals From Acquittal : Supreme Court Explains

Live Law  

Recently, the Supreme Court observed that if the appreciation of evidence leads to two possible views, then the decision of the Trial Court acquitting the accused could not be reversed by the Appellate Court merely because there exists another view that led to the conviction of the accused.According to the court, if the appreciation of evidence leads to two possible …

Appellate Courts Must Bear In Mind There Is Prejudice In Favour Of Accused In Case Of Acquittal: Gujarat High Court
2 years, 6 months ago

Appellate Courts Must Bear In Mind There Is Prejudice In Favour Of Accused In Case Of Acquittal: Gujarat High Court

Live Law  

The Gujarat High Court, while dismissing an appeal against acquittal in a caste-based crime, reiterated that the Appellate Court has a limited scope of interfering with acquittal appeals since prejudice lies in favour of the Accused. Further, the Appellate Court can only interfere with the order of the Trial Court provided the order was manifestly unjust, perverse or contrary to …

CrPC | Victim Not Required To Seek Leave To Appeal Against Order Of Acquittal: Patna High Court
2 years, 7 months ago

CrPC | Victim Not Required To Seek Leave To Appeal Against Order Of Acquittal: Patna High Court

Live Law  

The Patna High Court recently observed that victim of a crime has absolute right to prefer an appeal against the order of acquittal and is not required to even seek leave to appeal, unlike a complainant. The observation came from a division bench of Justice Khatim Reza and Justice Chakradhari Sharan Singh: "A victim has absolute right to prefer an …

Acquittal Appeals | Appellate Court Shouldn't Give Fresh Reasonings If Reasoning Of Court Below Is Just: Allahabad High Court
2 years, 7 months ago

Acquittal Appeals | Appellate Court Shouldn't Give Fresh Reasonings If Reasoning Of Court Below Is Just: Allahabad High Court

Live Law  

The Allahabad High Court has observed that in acquittal appeals, the appellate Court is not required to rewrite the judgment or to give fresh reasonings when the reasons assigned by the Court below are found to be just and proper.The bench of Justice Dr. Kaushal Jayendra Thaker and Justice Ajai Tyagi further observed that while exercising appellate powers, even if …

'Double Presumption Available In Favour Of Accused After Acquittal' : Supreme Court Restores Acquittal In Murder Case
2 years, 8 months ago

'Double Presumption Available In Favour Of Accused After Acquittal' : Supreme Court Restores Acquittal In Murder Case

Live Law  

The Supreme Court recently restored the acquittal of an accused in a murder case, after finding fault with the High Court for reversing the trial court's order. "While dealing with an appeal against acquittal by invoking Section 378 of the Cr.PC, the Appellate Court has to consider whether the Trial Court's view can be termed as a possible one, particularly …

'Inferences About Victim's Conduct May Need A Revisit' : Bombay High Court Grants Leave To State To Appeal Against Tarun Tejpal's Acquittal
2 years, 10 months ago

'Inferences About Victim's Conduct May Need A Revisit' : Bombay High Court Grants Leave To State To Appeal Against Tarun Tejpal's Acquittal

Live Law  

Noting that certain observations by the trial judge about the rape victim's conduct need to be revisited, the Bombay High Court granted leave to the State of Goa to appeal against the order acquitting Tejpal in a 2013 sexual harassment case. "Based on this evidence, perhaps, some of the learned Additional Sessions Judge inferences about the victim's conduct may also …

Circumstances Under Which An Appeal Would Be Entertained Against An Order Of Acquittal: Supreme Court Explains
3 years, 2 months ago

Circumstances Under Which An Appeal Would Be Entertained Against An Order Of Acquittal: Supreme Court Explains

Live Law  

In a judgment delivered last week, the Supreme Court summarized the circumstances under which an appeal would be entertained by it from an order of acquittal.Ordinarily, this Court is cautious in interfering with an order of acquittal, especially when the order of acquittal has been confirmed upto the High Court. In a judgment delivered last week, the Supreme Court summarized …

Acquittal In A Criminal Trial Has No Bearing Or Relevance On The Disciplinary Proceedings: Supreme Court
3 years, 2 months ago

Acquittal In A Criminal Trial Has No Bearing Or Relevance On The Disciplinary Proceedings: Supreme Court

Live Law  

The Supreme Court observed that an acquittal in a criminal trial has no bearing or relevance on the disciplinary proceedings.The standard of proof in both the cases are different and the proceedings operate in different fields and with different objectives, the bench comprising Justices M R Shah and BV Nagarathna observed while setting aside an order passed by Industrial Court …

Bombay HC to hear plea challenging Tarun Tejpal's acquittal in rape case
3 years, 4 months ago

Bombay HC to hear plea challenging Tarun Tejpal's acquittal in rape case

Hindustan Times  

The Goa bench of the Bombay high court will on Wednesday virtually hear the state government's appeal against the acquittal of journalist Tarun Tejpal in a 2013 sexual assault case. The development comes as Tejpal opposed the Goa government's plea challenging his acquittal in the case, and also requested an ‘in-camera’ hearing to keep the court proceedings private. Last month, …

Accused Not Entitled to Acquittal Just Because Complainant Probed Case: SC
4 years, 6 months ago

Accused Not Entitled to Acquittal Just Because Complainant Probed Case: SC

News 18  

In a significant verdict, the Supreme Court on Monday overruled its 2018 judgement that had held that if a complainant or an informant of a crime investigate a case then the accused are entitled to acquittal and held that the “question of bias” would depend upon facts and circumstances of each such matters. A contrary decision of this Court in …

HC Cannot Reverse Acquittal Without Affording Opportunity Of Hearing To Accused Or By Appointing An Amicus Curiae: SC [Read Judgment]
5 years, 8 months ago

HC Cannot Reverse Acquittal Without Affording Opportunity Of Hearing To Accused Or By Appointing An Amicus Curiae: SC [Read Judgment]

Live Law  

The Supreme Court has observed, the High Court, in a criminal appeal, cannot reverse the acquittal without affording any opportunity of hearing to the accused or by appointing an amicus curiae to argue the matter on his behalf if he does not enter appearance.The bench comprising Justice R. Banumathi and Justice AS Bopanna found favour with the contention that, in …

When Can Appellate Court Allow Plea For Adducing Further Evidence: SC Explains [Read Judgment]
6 years, 1 month ago

When Can Appellate Court Allow Plea For Adducing Further Evidence: SC Explains [Read Judgment]

Live Law  

The Supreme Court, in a judgment delivered on Friday, explained the scope of power of the Appellate Court to allow the application for adducing further evidence in criminal cases. The bench comprising Justice Ashok Bhushan and Justice KM Joseph, allowed an appeal against the High Court judgment which had upheld the Sessions' court order rejecting the applications filed by the …

Order Of Acquittal Cannot Be Interfered With On Ground That Different View Is Possible: SC Reiterates [Read Judgment]
6 years, 3 months ago

Order Of Acquittal Cannot Be Interfered With On Ground That Different View Is Possible: SC Reiterates [Read Judgment]

Live Law  

The Supreme Court on Tuesday asserted that an order of acquittal cannot be interfered with on the ground that a different view was possible on the basis of evidence available on record.A bench comprising Justice L. Nageswara Rao and Justice R. Subhash Reddy asserted, “Interference with an order of acquittal is not permissible on the ground that a different view …

Witness To Crime Can’t Challenge Judgment Of Acquittal And Seek Re-trial, Only Victim Of The Said Crime Can: Bombay HC [Read Judgment]
6 years, 7 months ago

Witness To Crime Can’t Challenge Judgment Of Acquittal And Seek Re-trial, Only Victim Of The Said Crime Can: Bombay HC [Read Judgment]

Live Law  

In an important point of law that came up in a criminal writ petition filed by one Siraj Pathan, who was an eye witness to a murder, the Bombay High Court has dismissed the petition and held that an eye witness cannot circuitously impugn or appeal against a judgment of acquittal and seek a re-trial under Section 378 of the …

Witness To Crime Can’t Challenge Judgment Of Acquittal And Seek Re-trial, Only Victim Of The Said Crime Can: Bombay HC [Read Judgment]
6 years, 7 months ago

Witness To Crime Can’t Challenge Judgment Of Acquittal And Seek Re-trial, Only Victim Of The Said Crime Can: Bombay HC [Read Judgment]

Live Law  

In an important point of law that came up in a criminal writ petition filed by one Siraj Pathan, who was an eye witness to a murder, the Bombay High Court has dismissed the petition and held that an eye witness cannot circuitously impugn or appeal against a judgment of acquittal and seek a re-trial under Section 378 of the …

If The De Facto Complainant Has Right To Appeal, Why Can’t He Seek Further Investigation? SC Larger Bench To Examine [Read Order]
6 years, 10 months ago

If The De Facto Complainant Has Right To Appeal, Why Can’t He Seek Further Investigation? SC Larger Bench To Examine [Read Order]

Live Law  

The Supreme Court on Monday has referred to a larger bench to examine whether a criminal court is competent to direct further investigation at the instance of de-facto complainant, in the light of 2009 amendment of the Code of Criminal Procedure that created a right of appeal in favour of a victim.In this case, the Supreme Court was hearing a …

Accused Needn’t Be Heard On Question Of Sentence When Appellate Court Reverses Order Of Acquittal To Conviction: Karnataka HC [Read Judgment]
7 years ago

Accused Needn’t Be Heard On Question Of Sentence When Appellate Court Reverses Order Of Acquittal To Conviction: Karnataka HC [Read Judgment]

Live Law  

The Karnataka High Court has observed that the appellate court while converting the judgment of acquittal into conviction, need not hear the accused on the question of sentence.The bench of Justice S Sujatha and Justice John Michael Cunha made this observation while reversing the trial court order of acquittal of a man accused of murdering his wife. The Karnataka High …

Accused Needn’t Be Heard On Question Of Sentence When Appellate Court Reverses Order Of Acquittal To Conviction: Karnataka HC [Read Judgment]
7 years ago

Accused Needn’t Be Heard On Question Of Sentence When Appellate Court Reverses Order Of Acquittal To Conviction: Karnataka HC [Read Judgment]

Live Law  

The Karnataka High Court has observed that the appellate court while converting the judgment of acquittal into conviction, need not hear the accused on the question of sentence.The bench of Justice S Sujatha and Justice John Michael Cunha made this observation while reversing the trial court order of acquittal of a man accused of murdering his wife. The Karnataka High …

Appeal Against Acquittals To Be Disposed Of On Merits By Passing A Reasoned Order, SC Tells Allahabad HC [Read Order]
8 years, 5 months ago

Appeal Against Acquittals To Be Disposed Of On Merits By Passing A Reasoned Order, SC Tells Allahabad HC [Read Order]

Live Law  

High Court has not even stated facts and nature of evidence so as to make out that the conclusion of the trial court was not perverse, the Bench observed.Disposing of an appeal against a ‘cryptic’ order passed by a high court in a government appeal against the acquittal of an accused by a trial court in Uttar Pradesh, the Supreme …

HC Rejects Appeal By Victim’s Mother Against Acquittal Of Accused As Victim Died Before Trial [Read Judgment]
8 years, 7 months ago

HC Rejects Appeal By Victim’s Mother Against Acquittal Of Accused As Victim Died Before Trial [Read Judgment]

Live Law  

The Delhi High Court dismissed an appeal filed by the victim’s mother u/s 372 CrPC challenging the acquittal of the accused in a rape case. The trial court had exonerated the accused on account of death of the victim prior to her examination and in absence of any crucial testimony.Justice S.P.Garg clarifying its stance, considered all available material evidence in …

Court cannot appreciate the entire evidence de novo in a routine manner while hearing Criminal Appeals: SC [Read Judgment]
8 years, 8 months ago

Court cannot appreciate the entire evidence de novo in a routine manner while hearing Criminal Appeals: SC [Read Judgment]

Live Law  

A two Judge Bench of the Supreme Court has held that the Supreme Court cannot appreciate the entire evidence de novo in a routine manner while hearing Criminal Appeals, and that too when the conviction is based on concurrent findings of two courts.The Two Judge Bench of Justices Abhay Manohar Sapre and Ashok Bhushan has further held that It is …

Court cannot appreciate the entire evidence de novo in a routine manner while hearing Criminal Appeals: SC [Read Judgment]
8 years, 8 months ago

Court cannot appreciate the entire evidence de novo in a routine manner while hearing Criminal Appeals: SC [Read Judgment]

Live Law  

A two Judge Bench of the Supreme Court has held that the Supreme Court cannot appreciate the entire evidence de novo in a routine manner while hearing Criminal Appeals, and that too when the conviction is based on concurrent findings of two courts.The Two Judge Bench of Justices Abhay Manohar Sapre and Ashok Bhushan has further held that It is …

Death from Trial Court, Acquittal from High Court and Life Sentence from Supreme Court [Read Judgment]
9 years ago

Death from Trial Court, Acquittal from High Court and Life Sentence from Supreme Court [Read Judgment]

Live Law  

In these days, civilized people are generally insensitive to come forward to give any statement in respect of any criminal offence. Unless it is inevitable, people normally keep away from the Court as they feel it distressing and stressful, the Bench said.Supreme Court in Sadhu Saran Singh vs. State of UP, taking note of the reluctance of people to come …

Accused not entitled to acquittal merely because the complainant cop was involved in investigation against him: Supreme Court
9 years, 2 months ago

Accused not entitled to acquittal merely because the complainant cop was involved in investigation against him: Supreme Court

Live Law  

The Supreme Court of India on Tuesday, has held that an accused is not entitled to acquittal merely because the complainant, apparently a police officer, was involved in the investigation of the complaint against the accused. The Apex Court bench comprising of Justices V. Gopala Gowda and Uday Umesh Lalit made this observation in Surender @ Kala vs. State of …

Accused not entitled to acquittal merely because the complainant cop was involved in investigation against him: Supreme Court
9 years, 2 months ago

Accused not entitled to acquittal merely because the complainant cop was involved in investigation against him: Supreme Court

Live Law  

The Supreme Court of India on Tuesday, has held that an accused is not entitled to acquittal merely because the complainant, apparently a police officer, was involved in the investigation of the complaint against the accused. The Apex Court bench comprising of Justices V. Gopala Gowda and Uday Umesh Lalit made this observation in Surender @ Kala vs. State of …

Supreme Court Guidelines; Factors to be kept in mind while hearing appeal against acquittal
10 years, 11 months ago

Supreme Court Guidelines; Factors to be kept in mind while hearing appeal against acquittal

Live Law  

A Supreme Court Bench consisting of Justices R.M.Lodha and Shiva Kirti Singh today issued Guidelines to the Courts below on the factors to be considered while hearing Appeal against Acquittal. In Muralidhar @ Gidda vs. State of Karnataka the Supreme Court while setting aside the Karnataka High Court Judgment which reversed the order of acquittal passed by. In Muralidhar @ …

Acquittal will be challenged: Nikam
14 years, 10 months ago

Acquittal will be challenged: Nikam

The Hindu  

Hailing the conviction of Pakistani terrorist Ajmal Kasab for the Mumbai attacks, Special Prosecutor Ujjwal Nikam on Monday said the acquittal of two others in the case will be challenged in a higher court. Mr. Nikam said the court has not accepted certain circumstantial evidence but hoped that the higher judiciary would accept those. The court also held that 20 …

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