If the site plan is prepared on hearsay and is not to be read as evidence
Surinder Singh and Anr vs State of UP
2003 Supp(3) SCR 401; Appeal (crl.) 896 of 1996
About/from the judgment:
As was held in Girish Yadav and Ors. v. State of Madhya Pradesh, JT (1996) 3 SC 615, the site plan is prepared on hearsay and is not to be read as evidence.
It is true that an order of acquittal should not be lightly interfered with. This Court in a number of cases has held that though the appellate Court has full power to review the evidence upon which the order of acquittal is founded still while exercising such an appellate power in a case of acquittal the appellate Court should not only consider every matter on record having a bearing on the question of fact and the reasons given by the Courts below in support of its order of acquittal it must express its reasons in the judgment which led it to hold that the acquittal is not justified.
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