Chambers of Ishaan Garg
Ch. No. 217, Western Wing, District & Sessions Court, Tis Hazari, New Delhi, Delhi 110054
+91 8851742417, +91 8800386163
We have heard learned counsel for the parties as also perused the evidence as well as the judgments of the two courts below. From the judgment of the trial court, we notice that the learned Magistrate has given cogent reasons for not accepting the evidence led on behalf of the respondent and on that basis he came to the conclusion that the complainant/respondent has not established his case. While the High Court on reappreciation of the evidence, has come to a different conclusion on entirely new grounds without considering the material considered by the trial court and as held above, convicted the appellant. While doing so, the High Court had lost sight of the fact that it was sitting as an appellate court against a judgment of acquittal passed by the trial court, therefore, there was an obligation on the part of the High Court to come to a definite conclusion that the findings of the trial court are either perverse or the same are contrary to material on record because the High Court could not have substituted its finding merely because another contrary opinion was possible based on material on record. It was the duty of the High Court to have first come to the conclusion that the conclusions arrived at by the trial court for good reasons are either unreasonable or at stated above, contrary to the material on record. In the absence of any such finding in our opinion, the High Court was in error in taking a contra view merely because another view was possible on the material on record. {Para 5}
6. This Court in a number of cases has held that though the appellate court has full power to review the evidence upon which the order of acquittal is founded, still while exercising such an appellate power in a case of acquittal, the appellate court, should not only consider every matter on record having a bearing on the question of fact and the reasons given by the courts below in support of its order of acquittal, it must express its reasons in the judgment which led it to hold that the acquittal is not justified. In those line of cases this Court has also held that the appellate court must also bear in mind the fact that the trial court had the benefit of seeing the witnesses in the witness box and the presumption of innocence is not weakened by the order of acquittal, and in such cases if two reasonable conclusions can be reached on the basis of the evidence on record, the appellate court should not disturb the finding of the trial court.
IN THE SUPREME COURT OF INDIA
Appeal (crl.) 1748 of 1996
Decided On: 01.11.2002
C. Antony Vs. K.G. Raghavan Nair
Hon'ble Judges/Coram:
N. Santosh Hegde and B.P. Singh, JJ.
Author: N. Santosh Hegde, J.
Citation: AIR 2003 SC 182, MANU/SC/0968/2002
