Kobbat Ali Vs. Emperor

Kobbat Ali vs Emperor

Type Court Judgment Court Kolkata Decided May 18, 1916

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https://sooperkanoon.com/case/866255

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Citation: sooperkanoon.com/866255
Court: Kolkata
Judge: Chitty and ;Walmsley, JJ.
Decided On: May 18, 1916
Subject: Criminal

Case Summary

AI-generated summary - not the official court judgment text.

Criminal Procedure Code (Act V of 1898), Section 367, 424 - Appellate Court, judgment of, contents of--Finding, definite, necessity of. -

Key legal issue: Criminal

Parties & Advocates

Appellant / Petitioner

Kobbat Ali

Respondent

Emperor

Legal References

Reported In: 40Ind.Cas.698

Excerpt

criminal procedure code (act v of 1898), section 367, 424 - appellate court, judgment of, contents of--finding, definite, necessity of. - 1. in this case the learned additional district magistrate in giving his judgment said that the evidence for the prosecution was, on the whole, slightly stronger and that the story, as regards probability, was far more likely. this is not sufficient for a conviction in a criminal case and we think that unless he could come to some more definite opinion he ought to have acquitted the accused. we accordingly set aside his order and direct that the appeal be re-heard. the petitioner will remain on the same bail pending the re-hearing of the appeal.

Full Judgment

1. In this case the learned Additional District Magistrate in giving his judgment said that the evidence for the prosecution was, on the whole, slightly stronger and that the story, as regards probability, was far more likely. This is not sufficient for a conviction in a criminal case and we think that unless he could come to some more definite opinion he ought to have acquitted the accused. We accordingly set aside his order and direct that the appeal be re-heard. The petitioner will remain on the same bail pending the re-hearing of the appeal.

Same Parties Kobbat Ali vs Emperor Same Subject Criminal Same Judge Chitty and ;Walmsley, JJ.

Criminal