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ABHAY S. OKA, PANKAJ MITHAL
Chandrasekhar Patel – Appellant
Versus
Suresh – Respondent
JUDGMENT :
ABHAY S. OKA, J.
1. Heard the learned senior counsel and the learned counsel for the respective parties.
2. The incident, which is the subject matter of these Appeals, is of 6th March, 1996. There were five accused, who were prosecuted for the offence punishable under Section 302 of the Indian Penal Code, 1860 (for short, the “IPC”). One of them was also prosecuted for the offence punishable under Section 109 read with Section 302 of the IPC. The offence alleged was of committing the murder of one Siddhnath Patel.
3. In an appeal preferred by the convicted accused, the High Court passed an order of acquittal, which is challenged by way of these two Appeals before us. Criminal Appeal No.1163/2018 is preferred by the son (Chandrasekhar Patel) of the deceased, who is PW-2, and the other Appeal (Criminal Appeal No.1164/2018) is preferred by the State.
4. Shri Sanjay R. Hegde, learned senior counsel appearing in support of the appeal preferred by PW-2 has taken us through the evidence of the material prosecution witnesses, namely PW-1 to PW-5. He has submitted that only possible view was that the prosecution has established that the respondents have committed the offence. We have
The judgment emphasizes the presumption of innocence, the need for substantial and compelling reasons to disturb an acquittal, and the importance of giving proper weight to the trial court's findings....
The presumption of innocence in favor of the accused and the factors to be kept in mind by the Appellate Court while hearing an appeal against acquittal.
Appeal against acquittal – Appellate Court cannot overturn order of acquittal only on the ground that another view is possible – Judgment of acquittal must be found to be perverse.
An appellate court can only overturn an acquittal if it finds that the prosecution's evidence was conclusive in establishing the accused's guilt beyond reasonable doubt.
The appellate court upheld the trial court's acquittal due to insufficient evidence, emphasizing the presumption of innocence and the principle that two reasonable views should not disturb the trial ....
In appeals against acquittal, the presumption of innocence is reinforced, and the appellate court should not interfere unless the trial court's findings are perverse or illegal.
The appellate court cannot overturn an acquittal unless the trial court's decision is perverse or fundamentally flawed, emphasizing the presumption of innocence and the burden of proof on the prosecu....
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