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PETITIONER: AJMER SINGH
Vs.
RESPONDENT: THE STATE OF PUNJAB.
DATE OF JUDGMENT: 10/12/1952
BENCH: MAHAJAN, MEHR CHAND BENCH: MAHAJAN, MEHR CHAND DAS, SUDHI RANJAN BHAGWATI, NATWARLAL H.
CITATION: 1953 AIR 76 1953 SCR 418 CITATOR INFO : F 1956 SC 217 (1) R 1956 SC 425 (5) R 1957 SC 216 (12) R 1957 SC 589 (16) RF 1961 SC 715 (7) RF 1962 SC 439 (8) E 1962 SC1239 (14) RF 1963 SC 200 (17) RF 1973 SC2622 (7) R 1974 SC 606 (6)
ACT: Criminal Procedure Code, 1898, ss. 342, 417-Appeal against acquittal-Interference-Guiding principle-Criminal trial-Ex- amination of accused-Duty of Court-Irregular examination- Validity of trial-Question of prejudice.
HEADNOTE: After an order of acquittal has been made the presumption of innocence is further reinforced by that order, and that being so, the trial court’s decision cannot be reversed merely on the ground that the accused had failed to explain the circumstances appearing against him but only for very substantial and compelling reasons. In an appeal under s. 487, Criminal Procedure Code, the High Court has full power to review the evidence upon which the order of acquittal was founded. The duty of a Sessions Judge under s. 342, Criminal Pro- cedure Code, to examine the accused is not discharged by merely reading over the qu...