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Supreme Court of India 2017-07-31 allowed

Mahinder Singh vs State of Himachal Pradesh

Bench: 2 — Ranjan Gogoi

In Brief

In this criminal appeal, the Supreme Court examined the High Court's interference with an acquittal order. The appellant was acquitted by the Sessions Judge under Section 353 of the Indian Penal Code, but the High Court set aside this acquittal and convicted him. The Supreme Court held that when reviewing an acquittal, a High Court must only examine whether the lower court's acquittal represents a 'possible view' on the evidence. Since the acquittal order reflected a possible view, the High Court erred in interfering with it. The Court set aside the conviction and restored the acquittal.

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Criminal Procedure Appellate Jurisdiction Acquittal

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