AIR 1980 SUPREME COURT 1199 ::1980 Cri App R (SC) 157 ::1980 UJ (SC) 680 ::(1980) Mad LJ(Cri) 719 ::1980 SCC(Cri) 320 ::1980 (1) SCC 674 ::(1980) BLJ 230 ::(1980) 2 SCJ 262 ::(1980) SC Cr R 182 ::1980 SC Cri R 189

Supreme Court Of India

(From : Patna)

Hon'ble Judge(s): S. Murtaza Fazal Ali, Anand Dev Koshal , JJ

Criminal P.C. (2 of 1974) , S.386(a)— Appeal against acquittal - View taken by trial Court reasonably possible - Held High Court was in error in disturbing the judgment of trial Court. Decision of Patna High Court, Reversed. Where the view taken by the trial court in acqultting the accused is reasonably possible even if the High Court were to take a different view on the evidence, that is no ground for reversing the order of acquittal.(Para 1) In the instant case the view taken by the Sessions Judge was not only a reasonably possible view but the only reasonable view which could be taken on the evidence produced by the prosecution. Decision of Patna High Court, Reversed.(Para 1 3)