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THE STATE OF HIMACHAL PRADESH HOME DEPARTMENT SECRETARY v. NARESH KUMAR @ KAKA

Supreme Court of India | Diary 220/2010

Status

Order

Decided On

2023-02-09

Bench

HON'BLE MR. JUSTICE B.R. GAVAI and HON'BLE MR. JUSTICE VIKRAM NATH

Petitioner

THE STATE OF HIMACHAL PRADESH HOME DEPARTMENT SECRETARY

Respondent

NARESH KUMAR @ KAKA

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Full Judgment Text

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.256 OF 2010

STATE OF HIMACHAL PRADESH ... APPELLANT(S)

VS.

NARESH KUMAR @ KAKA & ORS. ... RESPONDENT(S)

O R D E R

We have heard Ms. Pratishtha Vij, learned counsel

appearing on behalf of the Appellant/State of Himachal

Pradesh and Mr. Lalit Kumar, learned counsel for the

respondents/accused.

Ms. Pratishtha Vij, learned counsel submits the High

Court has grossly erred in reversing the well reasoned order

of conviction as recorded by the trial Court. She submits

that even after the matter was remanded to the High Court by

this Court, the High Court has committed the same error,

once again. She therefore submits that the appeal deserves

to be allowed.

We have perused the impugned judgment and order passed

by the High Court. The scope of interference in an appeal

against acquittal is very limited. Unless the finding is

found to be perverse or impossible, it is not permissible

for this Court to reverse the same.

1

Though Ms. Pratishtha Vij, learned counsel has made her

best attempts, she has not been in a position to persuade us

to point out any perversity or impossibility in the approach

adopted by the High Court. The appeal is, accordingly

dismissed.

......................J. [B.R.GAVAI]

......................J. [...

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