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IN THE HIGH COURT OF ORISSA AT CUTTACK
M.S.SAHOO
Narsingh @ Sahab Choudhury – Appellant
Versus
Narsingh @ Sahab Choudhury – Respondent
| Table of Content |
|---|
| 1. petitioner sought leave against acquittal judgment. (Para 1) |
| 2. arguments on failure to appreciate evidence. (Para 2) |
| 3. court’s analysis of trial court's findings. (Para 3 , 4 , 5 , 6 , 7 , 8) |
| 4. leave to appeal against acquittal denied. (Para 9) |
JUDGMENT :
M.S. SAHOO, J.
The petition was filed U/s. 378(5) of Cr.P.C. seeking leave to appeal against the judgment of acquittal dated 30.09.2008 passed by the learned Special Judge (Vigilance), Bhubaneswar in T.R. Case No.31 of 1989 arising out of V.G.R. No.41 of 1982 corresponding to Cuttack Vigilance P.S. Case No.41 of 1982; acquitting the opposite parties who stood trial for committing the offences U/s.120-B/465/468/471/419 of IPC and under Section 37 of Orissa Forest Act read with Clause 21 of Orissa Timber and other Forest Produce Transit Rules, 1980 and U/s.5(2) read with Section 5(1)(d) of P.C. Act. 1988.
2. Learned Standing Counsel strenuously urged to grant leave stating that the learned trial court did not consider the material as well did not appreciate the material in their proper perspective and the evidence adduced by the prosecution was sufficient to bring home a finding of guilt against the opposite parties.
3
An appellate court cannot interfere with an acquittal without compelling reasons, maintaining the presumption of innocence and respecting the trial court's assessment of evidence.
In appeals against acquittal, the appellate court should not interfere unless findings are perverse; acquittal strengthens presumption of innocence.
In appeals against acquittal, the presumption of innocence is reinforced, requiring clear justification for interference unless the lower court's judgment is perverse or inconsistent with evidence.
An appellate court should refrain from disturbing an acquittal unless sufficiently compelling reasons justify it, emphasizing the presumption of innocence and proper evaluation of trial court decisio....
An appellate court may only overturn a trial court's acquittal if findings are perverse, ignoring relevant evidence or reliant on unsustainable conclusions, with the presumption of innocence strongly....
Where trial court allows itself to be beset with fanciful doubts, rejects creditworthy evidence for slender reasons and takes a view of evidence which is but barely possible, it is obvious duty of Hi....
The appellate court should not disturb the finding of acquittal unless the lower court's approach is vitiated by manifest illegality and the decision is characterized as perverse. The judgment and or....
Point of law : where the trial court allows itself to be beset with fanciful doubts, rejects creditworthy evidence for slender reasons and takes a view of the evidence which is but barely possible, i....
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