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december 1955

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.

AHER RAJA KHIMA vs THE STATE OF SAURASHTRA. · Niyam