In an appeal against acquittal, an appellate court shall not interfere if the view taken by the trial court is a reasonable possibility. Double presumption of innocence exists, and the burden remains firmly on the prosecution to provide corroborated evidence to establish guilt beyond doubt.

Headnote:(A) Criminal Procedure Code, 1973 - Section 378 - Appeal against acquittal - Power of appellate court to review and reappreciate evidence is extensive but must be exercised with caution - An order of acquittal reinforces the presumption of innocence in favor of the accused - Appellate courts should not interfere with an order of acquittal if the view taken by the trial court is a possible and reasonable view on the basis of evidence on record. (Paras 17, 18)

(B) Evidence and Proof - Witness identification - Identification of individuals within an unlawful assembly - Identification of specific members of a large mob in darkness during power failure is highly improbable - Mere presence in a mob, without specific, reliable identification or corroborating evidence, is insufficient to sustain a conviction - In absence of independent corroboration or recovery of incriminating material, testimonial evidence lacks the weight to overcome the presumption of innocence. (Paras 11, 12, 14)

Facts of the case:
The state filed appeals challenging the trial court's judgment of acquittal for several individuals charged with serious penal offences, including murder, arson, and rioting. The prosecution alleged that during a state of communal tension, a large mob attacked a locality, causing property destruction and death. The trial court acquitted the accused due to a lack of reliable evidence, specifically noting that witnesses could not clearly identify the perpetrators and that the prosecution case lacked necessary corroboration.

Findings of Court:
The court observed that the prosecution failed to establish the identity and active participation of the accused. It was highlighted that environmental conditions like power outages made accurate identification near impossible. The court further noted that the prosecution witnesses provided contradictory statements and lacked independent corroboration, making the trial court’s finding of innocence a plausible and reasonable conclusion.

Issues: The main issues addressed were the extent of the appellate court’s jurisdiction in reviewing an acquittal and whether the evidence provided by the prosecution was sufficient to prove the guilt of the accused beyond a reasonable doubt.

Ratio Decidendi: The court maintained that an appellate court should not disturb an acquittal unless the trial court's decision is perverse or ignores glaring evidence. Considering the reinforced presumption of innocence following an acquittal and the absence of credible, corroborated witness identification, the court determined that no grounds existed for interference, as the trial court's view was the only reasonable possibility given the lack of consistent evidence.

Result: Appeals dismissed.

Table of Content
1. overview of the criminal appeal against acquittal for rioting and related offenses. (Para 1 , 2)
2. prosecution's challenge to the acquittal based on witness consistency and investigation methodology. (Para 3 , 4 , 5)
3. critical evaluation of prosecution evidence regarding eye-witness credibility and identification. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13)
4. reasoning on the insufficiency of evidence to establish individual guilt in a mob offense. (Para 14 , 15 , 16)
5. determination of appellate scope and standards for overturning acquittals per supreme court precedents. (Para 17 , 18)
6. final order dismissing the appeal due to lack of proof beyond reasonable doubt. (Para 19)

ORAL JUDGMENT

(PER : HONOURABLE MR. JUSTICE R. T. VACHHANI)

1. Feeling aggrieved and dissatisfied with the common judgment and order of acquittal dated 20.12.2002 passed by the learned Additional Sessions Judge, Fast Track Court, Godhra at Panchmahal in Sessions Case No.137 of 2002 and Sessions Case No.410 of 2002 for the offences punishable under Section 143, 302, 148, 436 and 427 of the of Indian Penal Code and under Section 135 of the Bombay Police Act, the appellant – State has preferred the present appeal under Section 378 of the Code of Criminal Procedure, 1973 (“the Code” for short).

2. The brief facts leading to the filing of the present appeal are as under:

2.1. As per the prosecution case, after the publication of a news in the newspapers viz., Gujarat Samachar and Sandesh relating to the burning of Sabarmati Express on 27.2.2002 wherein about 70 Karsevaks were burnt alive, tense situation was prevailing in village Goghamba, District Panchmahals. It was in the wake of such incident that an incident in question took place on 28.2.2002 at around 9.30 p.m. in the said village wherein a mob of about 1400-1500 persons having armed with deadly weapons like swords, Dharia, pipes and rags fire, attacked the minority community of the said village by pelting stones and setting their houses ablaze. At that time, looking to the tense situation, the Executive Magistrate ordered firing whereupon the police personnel fired about 37 rounds at the mob and also released teargas shell. In the said incident, the mob set ablaze 10-12 houses of minority and caused heavy damages to various properties.

2.2. Accordingly, FIR being CR No 45/2002 came to be registered with Rajgadh Police Station at the behest of the complainant one Shri Kantibhai Shabhai, ASI of Rajgadh Police Station. The Police after investigation charge-sheeted the accused for the aforesaid offences before the learned JMFC, Court. However, as the said Court lacks jurisdiction to try offence under Section 302 IPC, the case was committed to the Sessions Court. On conclusion of evidence on the part of the prosecution, the trial Court put various incriminating circumstances appearing in the evidence to the respondent-accused so as to obtain explanation/answer as provided under Section 313 of the Code. In the further statement, the respondent-accused denied all incriminating circumstances appearing against them as false and further stated that they are innocent and a false case has been filed against him. After examining the evidence, witness testimonies and submissions from both sides, the learned Court below recorded the finding in favour of the respondent-accused acquitting him of the charges levelled against them.

3. We have heard learned APP for the appellant – State and minutely examined oral and documentary evidence adduced and produced before the learned Sessions Court concerned.

4. Ms.Megha Chitaliya, learned APP appearing for the appellant – State submits that the impugned order of acquittal is required to be interfered with as the evidence produced on record proves the involvement of the accused in the commission of crime in question. She has further submitted that evidence of the witnesses examined before the Court has supported the case of prosecution and narrated the inc

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2025 Supreme(Online)(Guj) 12799

IN THE HIGH COURT OF GUJARAT AT AHMEDABADIlesh J. Vora, R. T. Vachhani, JJState of Gujarat – AppellantVersusKirankumar @ Fetiyo Jashwantsinh Baria – RespondentR/CRIMINAL APPEAL NO. 310 of 2004|R/CRIMINAL APPEAL NO. 471 of 2004

In an appeal against acquittal, an appellate court shall not interfere if the view taken by the trial court is a reasonable possibility. Double presumption of innocence exists, and the burden remains firmly on the prosecution to provide corroborated evidence to establish guilt beyond doubt.

Cases Referred (2)

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Ilesh J. Vora, R. T. Vachhani, JJ
State of Gujarat – Appellant
Versus
Kirankumar @ Fetiyo Jashwantsinh Baria – Respondent
R/CRIMINAL APPEAL NO. 310 of 2004|R/CRIMINAL APPEAL NO. 471 of 2004