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Supreme Court of India 2018-12-04 allowed

Mohd. Akhtar @ Kari & Ors vs State of Bihar & Anr

Bench: 2 — L. Nageswara Rao

In Brief

The Supreme Court reversed a High Court judgment that had overturned the trial court's acquittal of three appellants charged with murder under IPC Sections 302, 34 and 148. The trial court had acquitted them due to concerns about eye-witness identification, delayed FIR, procedural irregularities in police investigation, and lack of independent witnesses. The High Court re-appreciated the evidence and convicted them, holding the eye-witness testimony reliable. The Supreme Court held that an acquittal cannot be reversed merely because another view of evidence is possible. The appellate court must demonstrate very substantial and compelling reasons and cannot reverse if the trial court's view is reasonably justified. The High Court wrongly disregarded the trial court's findings as minor omissions and ignored the strengthened presumption of innocence following acquittal.

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Criminal Appeal Acquittal Murder Appellate Review Evidence Witness Credibility Identification

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