This content is restricted to site members. If you are an existing user, please log in. New users may register below.Existing Users Log InUsername or EmailPassword Remember Me Forgot password? Click here to resetNew User? Click here to register Post navigation Criminal Law – Acquittal – Presumption of innocence in favour of the accused is bolstered if the trial court hands down an acquittal – A Court of Appeal should be circumspect in overturning its judgment of acquittal, is not a principle that requires reiteration – Time and again that an acquittal will only be overturned in the presence of very compelling reasons. (CrPC) – Section 313 – NDPS,1985 – Indeed, the appellant may not have earlier raised the issue regarding the inadequacy of examination under Section 313 of CrPC – However, in this case, the omission goes to the root of the matter as far as the appellant is concerned – Appellant has undergone incarceration of five and a half years – If, after the lapse of more than twentytwo years, he is again subjected to examination under Section 313 of CrPC, it will cause prejudice to him – Appellant’s conviction cannot be sustained – Appeal allowed.