An appellate court has extensive power to review acquittals; however, it should respect trial court's findings unless they are manifestly perverse or contrary to established law.

JUDGMENT :

V. Narasingh, J.

1. Heard Mr. Gaya, learned ASC for the Appellant.

2. None appears for the Respondents.

3. This Appeal at the instance of the State is filed under Section 378 (1)&(3) of the Cr.P.C. assailing the judgment dated 28.10.1995 passed by the learned J.M.F.C.,(R), Cuttack in G.R. Case No.974/23 (Trl. No.27/94) acquitting the Respondents of the charges under Section 448 /323/324/341/34 of IPC .

4. The principles governing the exercise of power in an appeal against acquittal is worth reiterating before adverting to the factual matrix of the case at hand.

5. In Mrinal Das & Others vs. the State of Tripura 2011 (9) SCC 479 reported in the apex Court have extensively dealt with the scope of an Appellate Court to interfere with an Appeal against acquittal.

6. The guiding principles in an Appeal against acquittal and the power of the Appellate Court to “re-appreciate, review or reconsider evidence and interfere with an order of acquittal was restated while quoting paragraph-42 of the judgment of the Apex Court in the case of Chandrappa and Others vs. State of Karnataka (Supra).

“42.....The following general principles regarding powers of the appellate court while dealing with an appeal against an order of acquittal emerge:

(1) An appellate court has full power to review, reappreciate and reconsider the evidence upon which the order of acquittal is founded.

(2) The Code of Criminal Procedure, 1973 puts no limitation, restriction or condition on exercise of such power and an appellate court on the evidence before it may reach its own conclusion, both on questions of fact and of law.

(3) Various expressions, such as, "substantial and compelling reasons", "good and sufficient grounds", "very strong circumstances", "distorted conclusions", "glaring mistakes", etc. are not intended to curtail extensive powers of an appellate court in an appeal against acquittal. Such phraseologies are more in the nature of "flourishes of language" to emphasise the reluctance of an appellate court to interfere with acquittal than to curtail the power of the court to review the evidence and to come to its own conclusion.

(4) An appellate court, however, must bear in mind that in case of acquittal, there is double presumption in favour of the accused. Firstly, the presumption of innocence is available to him under the fundamental principle of criminal jurisprudence that every person shall be presumed to be innocent unless he is proved guilty by a competent court of law. Secondly, the accused having secured his acquittal, the presumption of his innocence is further reinforced, reaffirmed and strengthened by the trial court.

(5) If two reasonable conclusions are possible on the basis of the evidence on record, the appellate court should not disturb the finding of acquittal recorded by the trial court."

7. Thus on the touchstone of the law laid down by the Apex Court, the contention of the State has to be examined as to whether the case at hand merits interference, with the impugned judgment of acquittal.

8. The Respondents were charged under Section 448 /323/324/341/34 of IPC and it is the case of the prosecution that on 05.10.1993, the informant had been to village Haladibasanta to attend the last rites of her sister-in-law. On that day at about 9 P.M., while she was engaged in cleaning the house, accused persons abused her in filthy languages and entered inside the house and dealt a blow as a result of which she sustained injuries. Thereafter, she lodged an F.I.R. After receipt of the F.I.R., she was examined by the doctor. After completion of the investigation police submitted charge sheet against the accused persons.

9. The case of the de