Supreme Court · 2015 INSC 365 · Decided 28 April 2015
Golbar Hussain and ORS. v. State OFASSAMANDANR.
- Court
- Supreme Court of India
- Citation
- 2015 INSC 365 · [2015] 5 S.C.R. 525
- Case number
- CRIMINAL APPEAL No. 181/2013
- Decided
- 28 April 2015
- Bench
- PINAKI CHANDRA GHOSE, R.K. AGRAWAL (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 3021149
Headnote
Penal Code, 1860- ss. 3021149- Prosecution under - Of five accused - Acquittal by trial courl - Conviction by High Courl - On appeal, held: The two prosecution witnesses were related, contradicted each other and were not supported A B c by any independent witness - Hence conviction based on D sustainable. Appeal - Appeal against acquittal - Power of appellate court - Held: While deciding such appeal the appellate courl has to bear in mind that presumption of E innocence is available to the accused and such presumption is reinforced by his acquittal - If two views are possible, the view
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