Supreme Court · 2014 INSC 1002 · Decided 10 September 2014
Mahamadkhan Nathekhan v. State of Gujarat
- Court
- Supreme Court of India
- Citation
- 2014 INSC 1002 · [2014] 7 S.C.R. 777
- Case number
- CRIMINAL APPEAL No. 162/2007
- Decided
- 10 September 2014
- Bench
- MADAN B. LOKUR, C. NAGAPPAN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302134, 3021114, 25(A), 34, 114; CrPC Section 378; Arms Act Section 25(1)(a), 25(A)
Headnote
Code of Criminal Procedure, 1973 - s. 378 - Appeal in case of acquittal - Interference by the High Court - Scope of A B - Held: High Court not expected to merely substitute its C 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 - 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 D the appellants u/ss. 302134, 3021114 and uls. 25(1)(a) of the 1959 Act and sentenced them accordingly, setting aside the acquittal
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