Nandeshwar Kumar v. Pandey 2025 INSC 1053 - CrPC - Appeal Against Acquittal

Code of Criminal Procedure 1973 - Section 378,386 - Appeal against acquittal - In an appeal against acquittal, the appellate Court should interfere only if the finding of acquittal is perverse on the face of the record or if the appellate Court is convinced that no view other than the guilt of the accused is possible upon appreciating the evidence available on record. Where two views are reasonably possible, one consistent with the guilt of the accused and the other with his or her innocence, then the appellate Court should refuse to interfere with the judgment of acquittal and allow the same to stand. (Para 15) [Context: Supreme Court upheld Trial Court judgment acquitting murder case accused]

Case Info


Case Name and Neutral Citation

  • Case Name: Nandeshwar Kumar v. Pandey and Others
  • Neutral Citation: 2025 INSC 1053

Coram (Judges)

  • Justice Sandeep Mehta
  • Justice Joymalya Bagchi

Judgment Date

  • Date: August 29, 2025

Caselaws and Citations Referred

  • Babu Sahebagouda Rudragoudar v. State of Karnataka
    • Citation: (2024) 8 SCC 149

Statutes/Laws Referred

  • Indian Penal Code, 1860 (IPC)
    • Sections 302, 201, 120B, 302/34, 201/34
  • Code of Criminal Procedure, 1973
    • Section 173(2)
  • Arms Act, 1959
    • Section 27
  • Constitution of India, 1950
    • Article 136