P&H: Upholds Acquittal of SDM in Road Accident Case, Says Mere Presence in Vehicle Not Enough for Section 201 IPC

(i) Criminal Procedure Code, 1973, Ss.401, 401(3), Indian Penal Code, 1860, Ss.201, 279 and 304A — Revisional jurisdiction against acquittal — High Court does not sit as Court of appeal and cannot convert finding of acquittal into one of conviction — Interference is permissible only in...

(ii) Indian Penal Code, 1860, Ss.201, 279, 304-A — Rash and negligent driving — Mere presence of person in vehicle at time of accident cannot by itself establish culpability u/s.201 IPC — Prosecution must prove particular role attributed to accused in causing disappearance of evidence...

(iii) Criminal Procedure Code, 1973, Ss.401, 401(3), Indian Penal Code, 1860, Ss.201, 279 and 304A — Revisional jurisdiction against acquittal — Once principal eye witness himself has not attributed any act of instigation or participation in disappearance of evidence to accused, hostile testimony of other witnesses cannot,...