Supreme Court of India · 1955-12-22
AHER RAJA KHIMA vs THE STATE OF SAURASHTRA.
- Citation / case number
- SC 1955/135
- Court
- Supreme Court of India
- Petitioner
- AHER RAJA KHIMA
- Respondent
- THE STATE OF SAURASHTRA.
- Bench
- BOSE, VIVIAN
Judgment text excerpt
The Supreme Court held that under Section 417 of the Code of Criminal Procedure, the High Court should not set aside an acquittal merely due to differing views on evidence; substantial and compelling reasons are required. The Court emphasized that an accused must be given the benefit of reasonable doubt, and if a confession is retracted due to police coercion, it should not be deemed voluntary. Consequently, the acquittal was upheld as the evidence was insufficient for conviction.