Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Cr.P.C s. 378 Appeal Against acquittal |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) Code of Criminal Procedure, 1973 (2 of 1974) |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Code of Criminal Procedure, 1973 : s. 378 – Appeal Against acquittal – Prosecution case that respondent no.2 to 6 in furtherance of their common intention attacked the victim, who died the next day – Trial court found the case of the prosecution to be doubtful and acquitted the respondents – High Court holding that it was based on proper appreciation of evidence and facts and there was no error, upheld the acquittal – On appeal, held: In such cases, presumption of innocence in favour of the accused, on grounds of it surviving the rigours of a full trial, is strengthened and stands fortified – Prosecution is required to discharge a more onerous responsibility to annul and reverse the fortified presumption of innocence – Additional layer of protection is granted to an accused in cases where the accused already enjoys an acquittal – No perversity committed by the trial court while reaching its conclusion – All the evidence on record have been carefully perused and a detailed analysis has been carried out to come to the conclusion – Thus, the decision of the trial court as well as the High Court is upheld. |
Judge | Hon'ble Mr. Justice Krishna Murari |
Neutral Citation | 2023 INSC 157 |
Petitioner | Roopwanti |
Respondent | State Of Haryana And Ors. |
SCR | [2023] 3 S.C.R. 30 |
Judgement Date | 2023-02-24 |
Case Number | 1904 |
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