In this Landmark judgment from Hon’ble Apex Court, a key legal aspect which was not earlier faced, was deciphered and held. Please read through for yourself.
Categories of case which would justify the High Court in interfering with the finding of acquittal in revision:
“(i) Where the trial Court has no jurisdiction to try the case, but has still acquitted the appellant- accused;
(ii) Where the Trail Court has wrongly shut out evidence which the prosecution wished to produce;
(iii) Where the appellate Court has wrongly held the evidence which was admitted by the Trial Court to be inadmissible;
(iv) Where the material evidence has been overlooked only (either) by the Trial Court or by the appellate Court; and
(v) Where the acquittal is based on the compounding of the offence which is invalid under the law
Of course, these categories were declared by this Court to be illustrative and this Court observed that other cases of similar nature could also be properly held to be exceptional in nature where the High Court could justifiably interfere with the order of acquittal.
K. Ramachandran Vs V.N. Rajan & Anr on 7 July, 2009
Shades of Knife
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