Supreme Court of India · 1992-01-14
STATE OF U.P. vs ASHOK KUMAR SRIVASTAVA
- Citation / case number
- SC 1979/62806
- Court
- Supreme Court of India
- Petitioner
- STATE OF U.P.
- Respondent
- ASHOK KUMAR SRIVASTAVA
- Author
- A.M. AHMADI
- Bench
- A.M. AHMADI
Judgment text excerpt
The Supreme Court held that it has the power to interfere with an acquittal order under Article 136 of the Constitution if such order results in a miscarriage of justice. The Court found that the High Court's acquittal of the accused was erroneous as it disregarded the circumstantial evidence presented, which established the guilt of the accused beyond reasonable doubt. Consequently, the Supreme Court set aside the High Court's order and restored the conviction under Sections 302 and 34 IPC.