Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973 - s. 378 - Appeal in case of acquittal - Interference by the High Court |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973 - s. 378 - Appeal in case of acquittal - Interference by the High Court - Scope of - Held: High Court not expected to merely substitute its opinion for that of the trial court only because it is permitted to do so and because it has the power to do so.- High Court has to correct an error of Jaw - It has to exercise its discretion very cautiously, keeping in mind the acquittal of the accused and the rights of the victim - On facts, the High Court convicted the appellants u/ss. 302134, 3021114 and uls. 25(1)(a) of the 1959 Act and sentenced them accordingly, setting aside the acquittal by the trial court - High Court misread the material evidence and reversed the decision of the trial court - Thus, order of conviction and sentence imposed by High Court set aside and the judgment of acquittal rendered by the trail court restored - Penal Code, 1860 - ss. 302134, 3021114 - Arms Act, 1959 - s. 25(1)(a). |
Judge | Hon'ble Mr. Justice Chockalingam Nagappan |
Neutral Citation | 2014 INSC 1002 |
Petitioner | Mahamadkhan Nathekhan |
Respondent | State Of Gujarat |
SCR | [2014] 7 S.C.R. 777 |
Judgement Date | 2014-09-10 |
Case Number | 162 |
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