Section 378 - CrPC

No differentiation is made between an appeal against acquittal and the appeal against conviction

CrPC, Section 378 - Under Section 378, Cr.PC, no differentiation is made between an appeal against acquittal and the appeal against conviction.

2021 SCeJ 239 N. VIJAYAKUMAR V. STATE OF TAMIL NADU

Powers of the appellate court

CrPC, Section 378 - Powers of the appellate court while dealing with an appeal against an order of acquittal - Chandrappa & Ors. v. State of Karnataka (2007) 4 SCC 415, followed.

2021 SCeJ 239 N. VIJAYAKUMAR V. STATE OF TAMIL NADU

Criminal jurisprudence - Initial presumption of innocence in the criminal jurisprudence gets doubled by acquittal recorded by the trial court - Acquittal.

2021 SCeJ 239 N. VIJAYAKUMAR V. STATE OF TAMIL NADU

"Possible view" to "Erroneous view" or "Wrong view"

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While appreciating evidence in criminal trials, as far as the nature of depositions by rural witnesses is concerned, courts not to judge their evidence by same standard of exactitude and consistency as that of urban witnesses.

The scope of the appeal preferred against acquittal is considered by this Court. In the said case this Court has considered the scope of appeal against acquittal, as a matter of practice. Incidentally, in the said case, this Court has also held that while appreciating evidence in criminal trials, as far as the nature of depositions by rural witnesses is concerned, courts not to judge their evidence by same standard of exactitude and consistency as that of urban witnesses.

1973 SCeJ 002 Shivaji Sahabrao Bobade v. State of Maharashtra, 1973 SCeJ 002, (1973) 2 SCC 793