Law:

Section:

(a) Appeal against acquittal-------Interference in of acquittal by appellate court---Scope---Unless the of acquittal was contrary to evidence, palpably erroneous or contained a view which could not have been taken by the court of competent jurisdiction keeping in view the settled canons of criminal jurisprudence, the court should be reluctant to interfere with such of acquittal---Presumption of innocence of the accused was further strengthened by the fact of acquittal of the accused, however the court would not abjure its duty to prevent miscarriage of justice, where interference was imperative and the ends of justice so required and it was essential to appease the judicial conscience. (b) Penal Code (XLV of 1860)--- ----S. 84---Act/crime by a person of unsound mind---Defence of insanity---Maxim: actus non facit reum, nisi mens sit rea---Applicability---Person who is suffering from a mental disorder cannot be said to have committed a crime as he does not know what he is doing---For committing a crime, the intention and act both are taken to be the constituents of the crime: actus non facit reum, nisi mens sit rea---Every normal and sane human being is expected to possess some degree of reason to be responsible for his/her conduct and acts unless contrary is proved but a person of unsound mind or a person suffering from mental disorder cannot be said to possess this basic norm of human behaviour. (c) Penal Code (XLV of 1860)--- ----S. 84---Act of a person of unsound mind---Exemption from criminal liability---Scope---Insanity, proof of---Person alleged to be suffering from any mental disorder cannot be exempted from criminal liability ipso facto---Onus would be on the accused to prove by expert evidence that he is suffering from such a mental disorder or mental condition that he could not be expected to be aware of the consequences of his act---Once, a person is found to be suffering from mental disorder or mental deficiency, which takes within its ambit hallucinations, dementia, loss of memory and self-control, at all relevant times by way of appropriate documentary and oral evidence, the person concerned would be entitled to seek resort to the general…

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