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    <title>1962 (8) TMI 127 - Supreme Court</title>
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    <description>In an appeal against acquittal, a retrial cannot be ordered merely because the prosecution failed to examine a handwriting expert when it had a full opportunity to lead evidence at the original trial. Where there was no denial of opportunity by the magistrate, the proper course was to decide the appeal on the existing record by either upholding the acquittal or reversing it on merits. The lawyer-client relationship between the parties did not justify departure from ordinary criminal principles or require a fresh trial. The direction for retrial was therefore unsustainable, and the acquittal was restored.</description>
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    <pubDate>Fri, 03 Aug 1962 00:00:00 +0530</pubDate>
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      <title>1962 (8) TMI 127 - Supreme Court</title>
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      <description>In an appeal against acquittal, a retrial cannot be ordered merely because the prosecution failed to examine a handwriting expert when it had a full opportunity to lead evidence at the original trial. Where there was no denial of opportunity by the magistrate, the proper course was to decide the appeal on the existing record by either upholding the acquittal or reversing it on merits. The lawyer-client relationship between the parties did not justify departure from ordinary criminal principles or require a fresh trial. The direction for retrial was therefore unsustainable, and the acquittal was restored.</description>
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      <pubDate>Fri, 03 Aug 1962 00:00:00 +0530</pubDate>
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