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Supreme Court of India 2021-02-02 allowed

State of Gujarat vs Bhalchandra Laxmishankar Dave

Bench: 3 — Ashok Bhushan, R. Subhash Reddy, M. R. Shah

In Brief

The State of Gujarat challenged the High Court's acquittal of an Assistant Director of an ITI who had been convicted by a trial court under the Prevention of Corruption Act, 1988 (Sections 7, 13(1), and 13(2)). The Supreme Court held that the High Court, as a first appellate court reviewing a conviction, had a duty to re-appreciate the entire evidence on record in detail and address the trial court's reasoning. The Court found the High Court's judgment lacked such detailed re-appreciation and was based on erroneous legal principles. The Court allowed the appeal, quashed the acquittal, and remanded the case to the High Court to decide it afresh on merits."

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Criminal Procedure Anti-Corruption Law Appellate Jurisdiction Evidence Appreciation Miscarriage of Justice

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