Appellate Court Should Not Interfere With Trial Court's Acquittal Order Merely Because Two Views Are Possible: Gujarat High Court

A bench of Justice Rajendra M.Sareen of Gujarat High Court confirmed the acquittal of the accused person charged under Sections 498(A), 306 and 114 of the Indian Penal Code, 1860 (IPC).The court reiterated that when two views are possible, the judgment and order of acquittal passed by the trial Court should not be interfered with by the Appellate Court unless for the special reasons.

The appeal was filed by the state under Section 378(1)(3) of the Code of Criminal Procedure,1973 against the acquittal passed by the trial court.

The daughter of the complainant had allegedly committed suicide by jumping into the well with her minor daughter on account of physical and mental harassment from the respondents accused.The trial court acquitted the respondents accused.Being aggrieved by the same, the State has preferred the appeal to the High Court.

The counsel for the state contended that the trial Judge has erred in holding that the prosecution has failed to prove its case beyond reasonable doubt.

The counsel for the respondent accused advocate Mr.Raiyani,submitted that the learned trial Judge has, after due and proper appreciation and evaluation of the evidence on record, has come to such conclusion and has acquitted the accused, which is just and proper and the prosecution has also not been able to establish that the actual incident of cruelty has taken place.

After hearing the advocates of respective parties and considering the material on record the High Court dismissed the appeal by confirming the acquittal.

The High Court reiterates the fundamental principle of criminal jurisprudence that when the accused having secured his acquittal, the presumption of his innocence is further reaffirmed and strengthened by the trial Court.

Further, the court held that there is nothing on record to show that the accused had instigated the deceased to commit suicide and there were contradictions in the deposition of the complainant. On revaluation of evidence on record, as well as considering the settled legal position, it transpires that the prosecution has failed to prove the case against the accused beyond reasonable doubt inasmuch as the ingredients of the offence alleged are not fulfilled.

Case title: State of Gujarat v. Koli Arjan Samat Vaderah & 3 other(s) [Criminal Appeal No. 506 of 2011]

Case Citation: 2023 Livelaw (Guj) 50

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