Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973 - s.378 - Appeal against order of acquittal - lnterference with - When |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Code of Criminal Procedure, 1973 - s.378 - Appeal against order of acquittal - interference with - When - Held: Judgement can be interfered only when illegality is noticed in the impugned judgement, it is based on no evidence or/and it contains no reasoning or when the reasoning given are wholly perverse - When the High Court while reversing the conviction by the Session Court. assigns the reasons by appreciating the entire evidence in support of the acquittal, then this Court would not be inclined to interfere in the order of acquittal - On facts. the High Court reversed the conviction order by assigning cogent reasons, pointing out material contradiction in evidence and infirmities in the prosecution case - infirmities were rightly noticed and relied on by the High Court after appreciating the evidence - It cannot be said that the infirmities were either irrelevant or in any way insignificant or technical in E nature as compared only to the ocular version of the witnesses - Reasoning and the conclusion of the High Court in acquitting the respondent of the charges u/.07 !PC and s.25(/-A)just and proper; and is concurred with - Penal Code, 1860 - s.307 - Arms Act, 1959 - s.25(/A). |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2017 INSC 1105 |
Petitioner | State Of Uttarakhand |
Respondent | Jairnail Singh |
SCR | [2017] 11 S.C.R. 122 |
Judgement Date | 2017-11-13 |
Case Number | 1918 |
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