Supreme Court · 2009 INSC 1099 · Decided 1 September 2009
Dhanapal v. State BY Public Prosecutor, Madras
- Court
- Supreme Court of India
- Citation
- 2009 INSC 1099 · [2009] 13 S.C.R. 1116
- Case number
- CRIMINAL APPEAL No. 987/2002
- Decided
- 1 September 2009
- Bench
- DALVEER BHANDARI, H.S. BEDI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 307, 34, 302134; CrPC Section 378; Evidence Act
Headnote
·t- Code of Criminal Procedure, 1973 - s. 378 - Appeal ~ against acquittal - POwer of appellate court to interfere - Held: c Appellate court would interfere with the order of trial coud only for 'very substantial and compelling reasons' - It can re- appreciate the entire evidence the trial court's conclusion - If two reasonable or possible views can be reached-one as regard acquittal,· ·other of conviction, High - D Courts/appellate courts must pass order in favour of accused ).. - On facts, view taken by trial court in acquitting the accused ~- of the
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