Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860 - ss. 380 457 and 460 - T |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860 - ss. 380, 457 and 460 - Theft and house breaking by night - Prosecution case that assailants committed house breaking by night and theft in the dwelling house, resulting in death of complainant's husband and injuries to the complainant - Conviction of respondents for commission of offence u/ss. 380, 457 and 460 and sentenced accordingly __:.However, acquittal by High Court - On appeal, held: View taken by the High Court there were infirmities in the prosecution case which are fatal is based on appreciation of evidence and was taken within its jurisdiction - High Court gave cogent reasons in support of its view - There is no infirmity or perversity in the reasoning of High Court - High Court also held that the accused have undergone four years' jail sentence partly as under trial and remaining after conviction by the trial court - Thus, the order passed by the High Court does noi call for interference - No need to undertake the exercise of appreciating the whole evidence in the instant appeal. Appeal -Appeal against acquittal - Re-appreciation of evidence by Supreme Court - Held: When the view taken by the High Court while reversing the judgment of the trial court appears _to be just and reasonable which is also supported by cogent. reasoning then re-appreciation of evidence not required - It is _only when the High Court fails to record any reason or fails to appreciate the evidence or records any material finding, wholly perverse or against any provision of law. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2016 INSC 447 |
Petitioner | State Of Haryana |
Respondent | Hussain |
SCR | [2016] 3 S.C.R. 181 |
Judgement Date | 2016-06-29 |
Case Number | 1131 |
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