Criminal Procedure Code, 1973 — Section 378 — Interference with acquittal –

September 4th, 2013

Criminal Procedure Code, 1973 — Section 378 — Interference with acquittal — Parameters need to be kept in mind, stated.

(Para 18)

HELD: This court has time and again laid down parameters for interference by a superior court against the order of acquittal. In exceptional cases where there are compelling circumstances and the judgment under appeal is found to be perverse, the appellate court can interfere with the order of acquittal. The appellate court should bear in mind the presumption of innocence of the accused and further that the trial Court’s acquittal bolsters the presumption of his innocence. Interference in a routine manner where the other view is possible should be avoided, unless there are good reasons for interference.

(Para 18)

Bhadragiri Venkata Ravi v. Public Prosecutor High Court of Andhra Pradesh, Hyderabad[Bench Strength 2], Criminal Appeal No. 248/2007(29/05/2013), 2013(8) JT 174: 2013(5) SLT 505: 2013(7) SCALE 458: 2013(4) Supreme 450 [B.S. Chauhan, J.: Dipak Misra, J.]

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