In State of H.P. v. Chet Ram, 2018, order dated 10.01.2018, a Single Judge Bench of High Court of Himachal Pradesh decided a criminal appeal filed by the State against the order of acquittal of the accused-respondent passed by the trial court, wherein it was held that when two views are possible, appellate court should not reverse the judgment of acquittal merely because the other view was possible.
The respondent was the accused in a criminal case filed under Sections 325 and 504 IPC. He was acquitted by the trail court on appreciation of evidence and witness statements. Learned counsel for the appellant State contended that the trial court has not correctly appreciated the evidence, the prosecution has proved the guilt of the accused beyond reasonable doubt, and as such the order under challenge should be reversed.
Article referred: http://blog.scconline.com/post/2018/01/18/appellate-court-not-reverse-judgment-acquittal-merely-two-views-possible/
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