2 to 6 herein, in furtherance of their common intention, attacked the 1 deceased on 22.12.2009. After the appraisal of evidence, the trial judge found the case of the prosecution to be doubtful which ultimately resulted in the acquittal of all the accused respondent vide order dated 18.10.2011. State of Gujarat, this Court has held that in cases of reversal of acquittal, where two views are possible, the view which favors the accused has to be adopted. For the sake of Convenience, the relevant paragraph of the judgment is being produced hereunder: “The settled position of law regarding the powers to be exercised by the High Court in an appeal against the order of acquittal is that though the High Court has full powers to review the evidence upon which an order of acquittal is based, it will not interfere with an order of acquittal because with the passing of an order of acquittal the presumption of innocence in favour of the accused is reinforced. The relevant paragraph of the judgment is being reproduced herein: “An order of acquittal is to be interfered with only when there are “compelling and substantial reasons”, for doing so.
When the trial court has ignored the evidence or misread the material evidence or has ignored material documents like dying declaration/report of ballistic experts etc., the appellate court is competent to reverse the decision of the trial Court depending on the materials placed”.
Also Read: https://newslaw.in/case-type/criminal/procedural-rigidity-and-quashing-of-detention-order/
Case Title: ROOPWANTI Vs. THE STATE OF HARYANA (2023 INSC 157)
Case Number: Crl.A. No.-001904-001904 / 2014
