Supreme Court of India
Batcu Venkatehswarlu and Ors. v. Public Prosecutor High Court of Ap.
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From the headnote
Code of Criminal Procedure, 1973- s. 378 (1) and (3) - Appeal against acquittal - Power of appellate court - Ambit c, and scope of -- Held: While dealing with an appeal against acquittal there is no limitation, restriction or condition on the power of appellate court - It has full power to reappreciate, review and reconsider the evidence at large on which acquittal was based and to reach its own conclusion on such evidence - Both questions of law and fact are open for determination - Court to bear in mind that in such case there is double presumption in favour of he accused viz. presumption
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