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Kobbat Ali Vs. Emperor - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in40Ind.Cas.698
AppellantKobbat Ali
RespondentEmperor
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.
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.


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