AIR 1983 SUPREME COURT 308 ::1983 ALL. L. J. 826 ::1983 (1) CriLC 401 ::1983 CriAppR(SC) 208 ::1983 UJ (SC) 318 ::1983 AllCriR 165 ::1983 UJ (SC) 318 (2) ::(1983) AllCriC 84 ::(1983) Mad LJ(Cri) 478 ::1983 (2) SCC 21 ::1983 SCC(Cri) 332 ::1983 CriLR(SC MAH GUJ) 178 ::(1983) All WC 301 ::(1983) ChandCriC 62 ::1983 (1) SCJ 301 ::1983 (1) Crimes 485 ::1983 SC Cri R 228

Supreme Court Of India

(From : Allahabad)

Hon'ble Judge(s): E. S. Venkataramiah, R. B. Misra , JJ

Criminal P.C. (2 of 1974) , S.378, S.386— Appeal against acquittal - Finding reached by trial Court not unreasonable - Appellate Court should not disturb it merely because another view is possible. Judgment of Allahabad High Court Reversed. In appeal against acquittal if two views are possible, the appellate Court should not interfere with the conclusions arrived at by the trial Court unless the conclusions are not possible. If the finding reached by the trial judge can not be said to be unreasonable, the appellate Court should not disturb it even if it were possible to reach a different conclusion on the basis of the material on the record because the trial Judge has the advantage of the seeing and hearing the witnesses and the initial presumption of innocence in favour of the accused is not weakened by his acquittal. The appellate Court, therefore, should be slow in disturbing the finding of the fact of the trial Court and if the two views are reasonably possible on the evidence on the record, it is not expected to interfere simply because it feels that it would have taken a different view if the case had been tried by it.(Para 18) .....