Supreme Court of India
Mahamadkhan Nathekhan v. State of Gujarat
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
1 Supreme Court bench has cited this judgment.
What the Court ordered
In the result all the appeals are allowed and the conviction and sentence imposed by the High Court on the appellants in the impugned judgment are set aside and the . judgment of acquittal rendered by the Trial Court is restored.
Judgment, page 11
From the headnote
Code of Criminal Procedure, 1973 - s. 378 - Appeal in case of acquittal - Interference by the High Court - Scope of - Held: High Court not expected to merely substitute its opinion for that of the trial court only because it is permitted to do so and because it has the power to do so.- High Court has to correct an error of Jaw - It has to exercise its discretion very cautiously, keeping in mind the acquittal of the accused and the rights of the victim - On facts, the High Court convicted the appellants u/ss. 302134, 3021114 and uls. 25(1)(a) of the 1959 Act and sentenced them accordingly,
Authorities it was built on
Where later benches applied it
Of those, 1 mentioned
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