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    <title>2023 (10) TMI 1293 - Supreme Court</title>
    <link>https://www.taxtmi.com/caselaws?id=445070</link>
    <description>The SC reversed the HC&#039;s conviction order and acquitted the appellant of murder charges under Section 302 IPC. The trial court had initially acquitted the appellant by applying Section 84 IPC (insanity defense), but the HC reversed this on reappreciation of evidence. The SC held that appellate courts can only reverse acquittal orders when there is perversity, not merely by taking a different view. The court distinguished between legal and medical insanity, noting that Section 84 requires proof of legal insanity. Since the trial court&#039;s finding was based on medical evidence of mental illness and abnormal behavior, and was not perverse, the HC erred in setting aside the acquittal.</description>
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    <pubDate>Wed, 13 Sep 2023 00:00:00 +0530</pubDate>
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      <title>2023 (10) TMI 1293 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=445070</link>
      <description>The SC reversed the HC&#039;s conviction order and acquitted the appellant of murder charges under Section 302 IPC. The trial court had initially acquitted the appellant by applying Section 84 IPC (insanity defense), but the HC reversed this on reappreciation of evidence. The SC held that appellate courts can only reverse acquittal orders when there is perversity, not merely by taking a different view. The court distinguished between legal and medical insanity, noting that Section 84 requires proof of legal insanity. Since the trial court&#039;s finding was based on medical evidence of mental illness and abnormal behavior, and was not perverse, the HC erred in setting aside the acquittal.</description>
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      <pubDate>Wed, 13 Sep 2023 00:00:00 +0530</pubDate>
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