Implied Acquittal - Judgment Search Results

Zamir Qasim and ors. Vs. Emperor

Court: Allahabad

Reported in: AIR1944All137

..... it was open to the appellate court to set aside the implied acquittal of the accused by the trial judge under section 302 and ..... to include an offence about which there was an express or implied acquittal in the court below 60 clause 1 b 2 of section ..... offence with which he is charged such a conviction would necessarily imply his acquittal of the major offence with which he was charged even though .....

Public Prosecutor Vs. Devireddi Nagi Reddi

Court: Andhra Pradesh

Reported in: 1962CriLJ727

..... court and that he was entitled to alter the finding of implied acquittal into one of conviction was supported by some of the ..... and sentence under section 326 indian penal code to alter the implied acquittal for an offence under section 302 indian penal code by the ..... 1 b and section 423 i b criminal procedure code to alter the implied acquittal for an offence of raurdei into one of conviction rule 218 .....

Bhajan Suna and ors. Vs. the State

Court: Orissa

Reported in: 40(1974)CLT325; 1975CriLJ1555

..... their lordships of the judicial committee held that there was an implied acquittal of the offence under section 302 indian penal code and in ..... bench held that where facts do not exist from which an implied acquittal can be assumed the court would not be justified in ..... the charge under section 148 indian penal code amounts to an implied acquittal of the offence of rioting it is significant to note that .....

In Re: K.V. Ayyaswamy

Court: Andhra Pradesh

Reported in: AIR1965AP105; 1965CriLJ281

..... their lordships had no hesitation in holding that there was an implied acquittal under section 302 i p c the facts of that case ..... the other but where facts do not exist from which such an implied acquittal can be presumed the court would not be justified in treating ..... of the act the said observation negatives the presumption of any implied acquittal of that offence in view of the fact that there is .....

The State of Andhra Pradesh Vs. Thadi Narayana

Court: Supreme Court of India

Reported in: AIR1962SC240; (1963)IMLJ77(SC); [1962]2SCR904

..... to us to be well founded in regard to the argument of implied acquittal being open to review by the high court under s 423 ..... a complete and express order of acquittal whereas s 423 1 b 2 covers cases of implied and partial acquittal it is also urged that whereas ..... 1 b 2 covers cases of implied or partial acquittal and s 439 deals with cases of express and complete acquittal in setting aside the order .....

Taj Khan and ors. Vs. Rex

Court: Allahabad

Reported in: AIR1952All369

..... and nothing is said about the other offences there is an implied acquittal with regard to the other offences vide kishan singh s case 50 ..... r 28 1941 lah 465 further an acquittal need not be expressed in so many words it may be implied when a person is accused of ..... to authorize the high court to convert a finding of acquittal into one of conviction the language is very guarded and seems to .....

State of H.P. Vs. Chet Ram and ors.

Court: Himachal Pradesh

Reported in: 2003CriLJ236

..... section 148 of the indian penal code would amount to an implied acquittal repelling the contention it was held by the division bench while ..... that omission to record a finding on a charge amounts to implied acquittal is to mis state the correct law and is to put ..... bench held that where facts do not exist from which an implied acquittal can be assumed the court would not be justified in treating .....

United States Vs. Difrancesco

Court: US Supreme Court

..... would be that for double jeopardy finality purposes the imposition of the sentence is an implied acquittal of any greater sentence see van alstyne in gideon s wake harsher penalties and the ..... explained only on the grounds that the imposition of sentence does not operate as an implied acquittal of any greater sentence justice stevens dissent with its reliance on justice harlan s separate .....

Arizona Vs. Rumsey

Court: US Supreme Court

..... no mitigating circumstances and therefore only a life sentence could be imposed amounted to an implied acquittal on the merits of respondent s eligibility for the death sentence thereby barring the ..... at least one aggravating circumstance it is hard to see how there has been an implied acquittal of a statutory aggravating circumstance when the record explicitly establishes the factual basis that .....

Bullington Vs. Missouri

Court: US Supreme Court

..... explained only on the grounds that the imposition of sentence does not operate as an implied acquittal of any greater sentence united states v difrancesco supra at 449 u s 136 n ..... failed to prove that the defendant deserves capital punishment according to the court that decision implies an acquittal of the harsher sentence having characterized the jury s decision for life imprisonment as an .....