Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | PENAL CODE 304A - Rash and negligent driving resulting in death of 2 year old child 1860: ss.279 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | PENAL CODE, 1860: ss.279, 304A - Rash and negligent driving resulting in death of 2 year old child - Magistrate acquitted the appellant holding that there was no impeachable and clinching evidence to show the appellant was the driver at the relevant point of time and that the accident happened due to the rash and negligent act on his part - On State's appeal u/s.378, Cr.P.C., High Court re- appreciated the whole evidence and held that the appellant was liable to be convicted u/s.279 and 304A - On appeal, held: There was no direct evidence with regard to the ingredients of ss. 279 and 304A - High Court, on the only evidence that the appellant was scolded by people in the hospital came to conclusion that the appellant was the driver of the tractor - High Court, on re-appreciation of the evidence took another view so as to convict the appellant - There was no finding in the impugned Judgment by the High Court that the conclusions drawn by trial court were perverse so as to mean that the same was against the weight of evidence - Thus, in such circumstances, the High Court was not justified in reversing the acquittal. CODE OF CRIMINAL PROCEDURE, 1973: s.378 - Acquittal by trial court - Scope of interference by High Court - Held: High Court in an appeal u/s.378 is entitled to : reappraise the evidence and conclusions drawn by trial court, but the same is permissible only if the judgment of trial court is perverse - The exercise of power u/s.378 by the court is to prevent failure of justice or miscarriage of justice - In the instant case, High Court did not take view that the judgment of trial court acquitting the accused was based on no material or it was perverse or the view by trial court was wholly unreasonable or it was not a plausible view or there was non-consideration of any evidence or there was palpable misreading of evidence, etc. - On the contrary, High Court held that on the available evidence, another view was also reasonably possible in the sense that the appellant-accused could have been convicted - In such circumstances, the High Court was not justified in reversing the acquittal. |
Judge | Hon'ble Mr. Justice Kurian Joseph |
Neutral Citation | 2014 INSC 147 |
Petitioner | Basappa |
Respondent | State Of Karnataka |
SCR | [2014] S.C.R. 391 |
Judgement Date | 2014-02-27 |
Case Number | 512 |
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