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february 2009

Supreme Court of India · 2009-02-09

Prasad @ Hari Prasad Acharya vs State Of Karnataka

Citation / case number
AIR 2009 SUPREME COURT 1911
Court
Supreme Court of India
Petitioner
Prasad @ Hari Prasad Acharya
Respondent
State Of Karnataka
Author
Arijit Pasayat
Bench
Asok Kumar Ganguly, Arijit Pasayat

Judgment text excerpt

The Supreme Court held that the Karnataka High Court's judgment upholding the conviction under Sections 447, 376(2)(g), and 506 read with Section 34 IPC was unsustainable due to the absence of reasoning in the judgment. The Court emphasized that a reasoned judgment is essential for the application of mind and to ensure justice, citing principles from Breen v. Amalgamated Engineering Union and Alexander Machinery (Dudley) Ltd. v. Crabtree. Consequently, the Supreme Court set aside the High Court's judgment and remanded the matter for fresh consideration with proper reasoning.

Prasad @ Hari Prasad Acharya vs State Of Karnataka · Niyam