ACQUITTAL
Acquittal
Interference
against acquittal-
Whether
unless it is possible to demonstrate with certainty that none of the grounds
upon which the learned Judges purported to acquit is at all acceptable, the
Appellate Division will be reluctant to interfere.
Unless
it is possible to demonstrate with certainty that none of the grounds upon
which the learned Judges of the High Court Division have purported to acquit
the accused is at all supportable this court will be reluctant to interfere
even though upon the evidence on the record and the facts and circum- stances
of the case this Court might well have to come to a different conclusion if it
was trying the case. Md. Abdul Hamid Vs. Ali Mollah and another 13BLD (AD)127.
Ref: 16DLR(SC) 94 Cited
Acquittal
Ordinarily,
an order of acquittal is not interfered with but where the order of acquittal
is found to be shockingly unjust, the Appellate Division shall interfere for
securing the ends of justice. The State Vs. Nuru Mira 13BLD (AD) 202
Acquittal
Acquittal
of an accused on the default of the prosecution under section 247 Cr.P.C. is
not an acquittal within the meaning of section 403 Cr.P.C. and it cannot bar a
fresh prosecution. GodadharNamadas alias GadaharMondal Vs. Most. Joytun Akhtar
and others, 15BLD(HCD) 377. Ref: (1918) 19 Crl. L.J. 497 Cited
Acquittal
Interference
with an order of acquittal is called for only when the evidence against the
accused is unimpeachable and the findings of the court below are perverse. Nagendra
Chandra Sarker Vs. Aftabud- din and others, 15BLD(AD) 133
Acquittal
Acquittal
of non-appealing accused After the Court finds that the order of conviction as
a whole is not maintainable in law it should acquit even the non-appealing
accused so that nobody is deprived of the fountain of justice. The State Vs.
Mesbahuddin, 16BLD (HCD)533
Acquittal
Where
the State does not file any appeal against an order of acquittal passed by a
Magistrate in a police case the informant, who is vitally interested in the
result of the case, is competent to file a revision before the Sessions Judge,
who can look into the legality and propriety of the order of acquittal un der
section 439A Cr.P.C.
Mere
non-issuance of any notice upon the State by the informant by itself is no bar
in filing the revisional application against the order of acquittal, although
the usual practice in such a case is to serve notice upon the state. Abu Taher
and others Vs. Hasina Begum and another, 18BLD (HCD) 14
Acquittal
Order
of acquittal cannot be interfered by the appellate Court unless it is found
that the said order is manifestly perverse. A finding cannot be said to be
perverse if it is against weight of evidence. The State Vs Ms. Shamima Arshad,
20BLD (HCD) 315
Acquittal
The
language of section 247 of the Code of Criminal Procedure having clearly em-
powered the concerned Magistrate to acquit the accused for the failure of the
complainant to appear in the case on the date fixed for the appearance of the
accused, it cannot be said that only the order of acquittal passed upon holding
full trial can create a bar under sec- tion 403 of the Code of Criminal
Procedure from entertaining a second complaint on the self-same allegations. So
long as the order of acquittal passed under section 247 Cr.P.C. remains in
force the provision of section 403 Cr.P.C. shall stand on the way of
entertaining a second complaint on the self-same allegations. Dewan Obaidur
Rahman Vs. The State and another, 19BLD (AD) 128
Acquittal:
Discharge cannot be taken as acquittal The misappropriation is only Tk. 1,60,200/- committed about 34 years ago it will be difficult on the part of prosecution to prove the charge after splitting into ten cases. Therefore, we have taken a lenient view on the question of retrial of the petitioner on consideration of the fact that the petitioner has suffered in jail custody for sometime and he is not in service. Accordingly, we set aside the conviction of the petitioner and instead of remanding the matter, we discharge him of the case. This order of discharge cannot be taken as acquittal and the petitioner cannot claim reinstatement in his service on consideration of his conduct. ..... Bashir Ahmed =VS= DC, Magura, [3 LM (AD) 541]
