In this case Hon'ble Supreme Court of India observed on power in appeal
1. The appellate court may review the evidence in appeals against acquittal under Sections 378 and 386 of the Criminal Procedure Code,
1973. Its power of reviewing evidence is wide and the appellate court can re appreciate the entire evidence on record. It can review the trial courts conclusion with respect to both facts and law.
2. The accused is presumed innocent until proven guilty. The accused possessed this presumption when he was before the trial court. The trial courts acquittal bolsters the presumption that he is innocent.
3. Due or proper weight and consideration must be given to the trial courts decision. This is especially true when a witness credibility is at issue. It is not enough for the High Court to take a different view of the evidence. There must also be substantial and compelling reasons for holding that the trial court was wrong.
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Showing posts with label application. Show all posts
Showing posts with label application. Show all posts
Oct 4, 2009
Sep 9, 2009
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