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1934 (7) TMI 17 - HC - Indian Laws

Issues:
Appeal against judgment of acquittal, Power of appellate court to interfere with trial judge's findings of fact, Interpretation of relevant sections of the Code of Criminal Procedure.

Analysis:
The judgment pertains to an appeal brought to the Privy Council from a High Court decision that reversed an order of acquittal by the Sessions Judge in a murder case during the Cawnpore riots. The trial judge, along with assessors, found the accused not guilty due to the evidence being deemed unworthy of belief. The High Court reviewed all the evidence and convicted the appellants, leading to a petition to the Privy Council to resolve conflicting views on the power of appellate courts in such cases.

The Privy Council analyzed relevant sections of the Code of Criminal Procedure, emphasizing that an appeal lies from any order of acquittal by any court other than a High Court, and the High Court has the power to review evidence and reverse an order of acquittal. The Council rejected the view that the High Court can only interfere if the trial judge has blundered or reached distorted conclusions, affirming that the High Court has full power to review evidence and reverse an acquittal based on that evidence.

The Council highlighted that the High Court must consider the trial judge's views on witness credibility, the presumption of innocence, the benefit of doubt to the accused, and the reluctance of appellate courts to disturb findings of fact made by the trial judge. These principles guide the High Court in reaching conclusions on facts in an appeal from an order of acquittal.

Ultimately, the Privy Council dismissed the appeal, advising His Majesty accordingly. They noted that while the High Court's judgment did not explicitly state adherence to the principles mentioned, there was no reason to believe that the High Court did not consider all relevant factors in arriving at their factual conclusions.

 

 

 

 

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