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offence alleged; in such
cases no question of appreciating evidence arises; it is a matter
merely of looking ... open for the court either to sift the
evidence or appreciate the evidence and come to the conclusion that
Kerala High Court
lightly interfered
with by this Court.
8. Before appreciating evidence of the witnesses examined
in the case, it would ... must keep in mind all these relevant factors while appreciating
evidence of a rustic witness. When the respondents were
firing
Supreme Court of India
power and jurisdiction to appreciate or re-appreciate
evidence and to record findings fact which were never raised
before ... focusing attention on this
point, the trial Court would appreciate evidence and record
findings of fact which
Supreme Court of India
read with Section 149.
8. After recording and appreciating the evidence of the prosecution
witnesses the learned Additional Sessions Judge ... against the established
principles of law for appreciating the evidence of witnesses. He
submitted that the learned Judge
Gujarat High Court
little, liberal and sometimes even quite unjust, indiscreet
appreciation of evidence. We not for a moment suggest and even entitled ... concerned Courts how to mind
their ways of appreciating evidence in Corruption cases, more
particularly in the light
Gujarat High Court
this Court, being first appellate court, to re-appreciate
the evidence recorded during the trial independently and
dispassionately. Accordingly ... Shah
for the accused.
8. Before re-appreciating the evidence, it is necessary to mention the
gist of evidence recorded
Gujarat High Court
prove the case of the prosecution. After recording the evidence and
statements of the accused under sec. 313 of Code ... contentions raised by both the sides and
appreciation of evidence, it is necessary to have a sufficient perusal
Gujarat High Court
learned Advocates for both
the parties and after appreciating the evidence led by both the
parties, the learned Magistrate ... convicted. Instead of this, the learned appellate Judge
appreciated the evidence afresh and found that there are some
discrepancies
Gujarat High Court
both the parties, the
learned Magistrate analysed and appreciated evidence led by the
prosecution and ultimately he came ... case and after re-analysing and re-appreciating the
evidence led by the prosecution came to a conclusion that
Gujarat High Court
learned Judge of the trial Court has appreciated the evidence of
the witnesses examined by the prosecution in correct perspective ... respondents that the
learned Judge has appreciated the evidence properly and in correct
perspective and no other finding could
Gujarat High Court
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