Supreme Court · 2008 INSC 1366 · Decided 1 December 2008
Batcu Venkatehswarlu and ORS. v. Public Prosecutor High Court of AP.
- Court
- Supreme Court of India
- Citation
- 2008 INSC 1366 · [2008] 16 S.C.R. 851
- Case number
- CRIMINAL APPEAL No. 1159/2001
- Decided
- 1 December 2008
- Bench
- ARIJIT PASAYAT, V.S. SIRPURKAR, G.S. SINGHVI (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC; CrPC Section 378(1), 378
Headnote
~ Code of Criminal Procedure, 1973- s. 378 (1) and (3) - Appeal against acquittal - Power of appellate court - Ambit c, and scope of -- Held: While dealing with an appeal against acquittal there is no limitation, restriction or condition on the power of appellate court power to reappreciate, review and reconsider the evidence at large on which acquittal was based and to reach its own conclusion on such evidence D - Both questions of law and fact are open for determination - Court to bear in mind that in such case there is double presumption in favour of he
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