State Of Chhattisgarh vs Dinesh Soni on 10 March, 2026

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    Chattisgarh High Court

    State Of Chhattisgarh vs Dinesh Soni on 10 March, 2026

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               Digitally signed
    RAGHVENDRA by
                                                                              2026:CGHC:11359-DB
    JAT        RAGHVENDRA
               JAT
    
    
    
    
                                                                                             NAFR
    
    
                                        HIGH COURT OF CHHATTISGARH AT BILASPUR
    
    
                                                      ACQA No. 102 of 2012
    
                                  • State Of Chhattisgarh, through the District Magistrate District
    
                                    Korba, C.G.                                       ... Appellant(s)
    
                                                              versus
    
                                  1. Dinesh Soni S/o Netalal Soni Aged About 24 Years R/o.
    
                                    Bhadarapara, Balco Nagar, Korba (C.G.).
    
                                  2. Ashok Choudhari S/o Chhotelal Choudhari Aged About 28 Years
    
                                    R/o. Shanti Nagar, Balco Nagar, Korba (C.G.).
    
                                  3. Vijay Kumar S/o Dhaniram Manjhawar Aged About 25 Years R/o.
    
                                    Padimar, Bhadarapara, Balco Nagar, Korba (C.G.).
    
                                  4. Dilip Baghel S/o S/o. Bahoran Baghel Aged About 24 Years R/o.
    
                                    Bhadarapara, Balco Nagar, Korba (C.G.).
    
                                  5. Raju Uike S/o Shiv Prasad Pradhan Aged About 23 Years R/o.
    
                                    Sector 2, B, 308, Balco Nagar, Korba (C.G.).
    
                                  6. Montu Khalkho S/o S/o. Anad Pal Aged About 23 Years R/o. Sada
    
                                    Colony, Balco Nagar, Police Station Kotwali, District - Korba
    
                                    (C.G.)
    
                                                                                    ... Respondent(s)
                                        2
    
    For Appellant(s)           : Mr. Kanwaljeet Singh Saini, Dy. G.A.
    For Respondent(s) No. 6    : Ms. Aditi Joshi, Advocate.
              DB: Hon'ble Shri Justice Sanjay S. Agrawal and
              Hon'ble Shri Justice Amitendra Kishore Prasad
    
                              Judgment on Board
    
    Per Amitendra Kishore Prasad, J.
    

    10/03/2026

    1. This acquittal appeal has been preferred by the appellant/State

    SPONSORED

    against the judgment dated 3.1.2011 passed by the learned 2 nd

    Additional Sessions Judge, F.T.C, District-Korba, (C.G.), in S.T.

    No. 87/2010 by which respondents herein has been acquitted of

    the charges punishable under Sections 395 and 412 of IPC.

    2. Brief facts of the case, is that, the complainant, Saman Singh,

    lodged a report at Police Station Balco on 12.02.2010 at about

    21:00 hours stating that he is a resident of Village Risdi and earns

    his livelihood by doing labour work. He reported that on

    12.01.2010, while he was returning to his house at Risdi on his

    motorcycle bearing registration No. CG-12-A-5631 along with his

    companion Ramnarayan, at about 7:00 PM, when they reached

    near Risdi Nala, three persons riding a motorcycle intercepted

    them on the road. The said persons threatened them by stating

    that they would beat them and thereafter assaulted and

    intimidated them, demanding that the motorcycle be handed over

    to them. Out of fear and under coercion, the complainant was

    compelled to give them the motorcycle bearing registration No.

    CG-12-A-5631, after which the three persons fled away from the
    3

    spot along with the motorcycle. The incident was witnessed by

    Ramnarayan Kanwar and Jai Singh, who were present at the time

    of occurrence, and the complainant stated that he would be able

    to identify the assailants if they were produced before him. On the

    basis of the said report, Assistant Sub-Inspector Dilip Dhirhe

    registered an offence under Sections 384/34 of the Indian Penal

    Code. During the course of investigation, on 20.02.2010 the

    memorandum statement of accused Dinesh Soni was recorded by

    Assistant Sub-Inspector Dilip Dhirhe in the presence of witnesses

    Jai Singh and Moti Lal. On 13.02.2010, the motorcycle was seized

    from the complainant Saman Singh in the presence of witnesses

    Ramnarayan and Jai Singh. Thereafter, on 14.02.2010, the

    memorandum statement of accused Dilip Baghel was recorded by

    Sub-Inspector Dilip Baghel in the presence of witnesses Jai Singh

    and Ramnarayan, and on the same date Sub-Inspector Divakar

    Upadhyay conducted the seizure proceedings of motorcycle

    bearing registration No. CG-12-A-5631 in the presence of the said

    witnesses. Subsequently, on 30.04.2010, an identification parade

    was conducted by the Additional Tehsildar, Sonit Meria, wherein

    the complainant Saman Singh identified accused Dinesh, Ashok

    and U.K. Raju. Further, on 14.02.2010, the accused persons

    namely Dinesh Soni, Ashok Choudhary, Vijay Kumar, Dilip Baghel,

    Raju and Bhodu were arrested by Assistant Sub-Inspector Dilip

    Dhirhe. On 28.04.2010, a proclamation of absconding was

    prepared against accused Suresh Yadav by Sub-Inspector Dilip
    4

    Dhirhe in the presence of witnesses Shravan Ratre and

    Jagannath Prasad. The statements of Ramnarayan, Jai Singh,

    Ramkumar Lahare and the complainant Saman Singh were

    recorded under Section 161 of the Code of Criminal Procedure on

    13.02.2010 by Assistant Sub-Inspector Dilip Dhirhe. Upon

    completion of the investigation, a charge-sheet under Sections

    395 and 412 of the Indian Penal Code was prepared against the

    accused persons and was filed on 11.05.2010 before the Court of

    Smt. Saroj Nand Das, who thereafter committed the case to the

    Court of the learned Sessions Judge on 20.08.2010. The case

    was subsequently received by this Court on transfer on the said

    date, and thereafter charges under Sections 395 and 412 of the

    Indian Penal Code were framed against the accused persons on

    22.10.2010, which were duly read over and explained to them;

    however, the accused persons denied the charges and pleaded

    not guilty, thereby necessitating the trial.

    3. So as to hold the accused/respondents guilty, the prosecution has

    examined as many as 9 witnesses and exhibited 20 documents.

    The statement of the accused persons/respondents was also

    recorded under Section 313 of the Cr.P.C. in which they denied

    the charges levelled against them and pleaded innocence and

    false implication in the case.

    4. After appreciating the oral as well as documentary evidence, the

    learned trial Court found that the prosecution has failed to prove
    5

    its case beyond reasonable doubt and by the impugned judgment

    dated 3.1.2011, acquitted the accused persons/respondents from

    the aforesaid charges. Hence, this appeal.

    5. Learned counsel for the appellant/State submits that the learned

    trial Court has committed a serious error of law in acquitting the

    accused persons/respondents. It is contended that the trial Court

    has failed to properly appreciate and consider the material

    evidence available on record and has consequently passed the

    impugned judgment of acquittal in a palpably illegal and erroneous

    manner. Learned counsel further submits that the complainant,

    Saman Singh (PW-1), who is also the victim in the present case,

    has categorically deposed regarding the commission of the

    offence and has clearly supported the prosecution case in his

    testimony. Despite such clear and cogent evidence, and further

    despite the fact that the accused persons were subjected to Test

    Identification Parade vide Ex. P/2, the trial Court has erroneously

    acquitted the respondents/accused persons. It is also submitted

    that the trial Court has unjustifiably disbelieved the statements of

    Ramnarayan (PW-7) and Jai Singh (PW-9), who have also

    categorically narrated the incident and have supported the

    prosecution version in their evidence, thereby rendering the

    impugned judgment unsustainable in the eyes of law. However,

    the acquittal recorded by the trial Court is based on improper

    appreciation of evidence, as the material evidence produced by
    6

    the prosecution has been overlooked, resulting in an erroneous

    judgment. Hence, it is prayed that the present appeal be allowed.

    6. On the other hand, learned counsel for respondent No. 6 submits

    that the FIR was initially lodged against three unknown persons

    and, thereafter, during the course of investigation, the concerned

    police authorities filed the charge-sheet against the accused

    persons/respondents for the commission of the offence of robbery

    without there being any cogent or reliable material evidence

    against them. It is further submitted that the allegations made by

    the complainant, Saman Singh (PW-1), do not corroborate with

    the statements of Ramnarayan (PW-7) and Jai Singh (PW-9), and

    there exist material omissions and contradictions in their

    testimonies. Learned counsel also contends that the alleged

    memorandum and seizure have not been duly proved in

    accordance with law and the prosecution has failed to establish

    the same through reliable evidence. It is further argued that the

    FIR itself was lodged after an inordinate and unexplained delay of

    about 20 days, which casts serious doubt on the prosecution

    case. Moreover, the Test Identification Parade was neither

    conducted properly nor proved by the witnesses during trial. In

    view of these significant infirmities and inconsistencies in the

    prosecution evidence, it is submitted that the learned trial Court

    has rightly acquitted the accused persons/respondents and the

    impugned judgment of acquittal does not call for any interference

    by this Court.

    7

    7. We have heard learned counsel for the parties, considered their

    rival submissions made herein-above and went through the

    records with utmost circumspection.

    8. The Supreme Court has considered the scope of interference in

    cases of acquittal in several matters and has passed several

    guidelines for considering the appeals arising out of acquittal of

    accused persons in the matter of Jafarudheen and others vs.

    State of Kerala1 has considered the scope of interference in

    Appeal against acquittal, which reads as under:-

    “25. While dealing with an appeal against
    acquittal by invoking Section 378 CrPC, the
    appellate court has to consider whether the
    trial court’s view can be terms as a possible
    one, particularly when evidence on record
    has been analysed. The reason is that an
    order of acquittal adds up to the presumption
    of innocence in favour of the accused. Thus,
    the appellate court has to be relatively slow
    in reversing the order of the trial court
    rendering acquittal. Therefore, the
    presumption in favour of the accused does
    not get weakened but only strengthened.
    Such a double presumption that enures in
    favour of the accused has to be disturbed
    only by thorough scrutiny on the accepted
    legal parameters.”

    9. In the matter of Kali Ram vs State of H.P. 2, the Supreme Court

    has held in para 25 which reads as under:-

    1 (2022) 8 SCC 440
    2 (1973) 2 SCC 808
    8

    “25.Another golden thread which runs through
    the web of the administration of justice in
    criminal cases is that if two views are possible
    on the evidence adduced in the case, one
    pointing to the guilt of the accused and the
    other to his innocence, the view which is
    favorable to the accused should be adopted.

    This principle has a special relevance in cases
    where the guilt of the accused is sought to be
    established by circumstantial evidence.”

    10. The Hon’ble Apex Court vide its judgment dated 12.02.2024

    (Criminal Appeal No 1162 of 2011) passed in Mallappa and Ors.

    Versus State of Karnataka has held in para 36 as under:-

    “36. Our criminal jurisprudence is essentially
    based on the promise that no innocent shall be
    condemned as guilty. All the safeguards and the
    jurisprudential values of criminal law, are intended
    to prevent any failure of justice. The principles
    which come into play while deciding an appeal
    from acquittal could be summarized as:-

    (i) Appreciation of evidence is the core
    element of a criminal trial and such
    appreciation must be comprehensive–

               inclusive        of       all       evidence,     oral   and
               documentary;
    
               (ii)   Partial    or       selective      appreciation     of
    

    evidence may result in a miscarriage of
    justice and is in itself a ground of challenge;

    (iii) If the Court, after appreciation of
    evidence, finds that two views are possible,
    9

    the one in favour of the accused shall
    ordinarily be followed;

    (iv) If the view of the Trial Court is a legally
    plausible view, mere possibility of a contrary
    view shall not justify the reversal of acquittal;

    (v) If the appellate Court is inclined to reverse
    the acquittal in appeal on a re-appreciation of
    evidence, it must specifically address all the
    reasons given by the Trial Court for acquittal
    and must cover all the facts;

    (vi) In a case of reversal from acquittal to
    conviction, the appellate Court must
    demonstrate an illegality, perversity or error of
    law or fact in the decision of the Trial Court.

    11. Further, the Supreme Court in the matter of Surendra Singh and

    another v. State of Uttarakhand 3, whereby in Para-11 & 12, it has

    been held that the High Court should interfere in the order of

    acquittal, if the same suffers from perversity and is based on

    misreading of material evidence etc. and observed as under:

    “11. Recently, in the case of Babu Sahebagouda
    Rudragoudar and others v. State of Karnataka
    ,
    (2024) 8 SCC 149, a Bench of this Court to which one
    of us was a Member (B.R. Gavai, J.) had an occasion
    to consider the legal position with regard to the scope
    of interference in an appeal against acquittal. It was
    observed thus:

    “38. First of all, we would like to reiterate the
    principles laid down by this Court governing the

    3 2025 5 SCC 433
    10

    scope of interference by the High Court in an
    appeal filed by the State for challenging acquittal
    of the accused recorded by the trial court.

    39. This Court in Rajesh Prasad v. State of Bihar
    [Rajesh Prasad
    v. State of Bihar, (2022) 3 SCC 471 :
    (2022) 2 SCC (Cri) 31] encapsulated the legal
    position covering the field after considering various
    earlier judgments and held as below : (SCC pp. 482-

    83, para 29) 6 (2024) 8 SCC 149

    “29. After referring to a catena of judgments, this
    Court culled out the following general principles
    regarding the powers of the appellate court while
    dealing with an appeal against an order of
    acquittal in the following words : (Chandrappa
    case [Chandrappa v. State of Karnataka (2007) 4
    SCC 415 : (2007) 2 SCC (Cri) 325], SCC p. 432,
    para 42

    42. From the above decisions, in our
    considered view, the following general
    principles regarding powers of the appellate
    court while dealing with an appeal against an
    order of acquittal emerge:

    (1) An appellate court has full power to
    review, reappreciate and reconsider the
    evidence upon which the order of acquittal is
    founded.

    (2) The Criminal Procedure Code, 1973 puts
    no limitation, restriction or condition on
    exercise of such power and an appellate
    court on the evidence before it may reach its
    own conclusion, both on questions of fact and
    of law.

    11

    (3) Various expressions, such as, “substantial
    and compelling reasons”, “good and sufficient
    grounds”, “very strong circumstances”,
    “distorted conclusions”, “glaring mistakes”,
    etc. are not intended to curtail extensive
    powers of an appellate court in an appeal
    against acquittal. Such phraseologies are
    more in the nature of “flourishes of language”

    to emphasise the reluctance of an appellate
    court to interfere with acquittal than to curtail
    the power of the court to review the evidence
    and to come to its own conclusion.

    (4) An appellate court, however, must bear in
    mind that in case of acquittal, there is double
    presumption in favour of the accused. Firstly,
    the presumption of innocence is available to
    him under the fundamental principle of
    criminal jurisprudence that every person shall
    be presumed to be innocent unless he is
    proved guilty by a competent court of law.

    Secondly, the accused having secured his
    acquittal, the presumption of his innocence is
    further reinforced, reaffirmed and
    strengthened by the trial court.

    (5) If two reasonable conclusions are
    possible on the basis of the evidence on
    record, the appellate court should not disturb
    the finding of acquittal recorded by the trial
    court.’ ”

    40. Further, in H.D. Sundara v. State of Karnataka [H.D.
    Sundara v. State of Karnataka, (2023) 9 SCC 581: (2023)
    3 SCC (Cri) 748], this Court summarised the principles
    12

    governing the exercise of appellate jurisdiction while
    dealing with an appeal against acquittal under Section
    378CrPC as follows :(SCC p. 584, para 8)

    “8. … 8.1. The acquittal of the accused further
    strengthens the presumption of innocence;

    8.2. The appellate court, while hearing an
    appeal against acquittal, is entitled to
    reappreciate the oral and documentary
    evidence;

    8.3. The appellate court, while deciding an
    appeal against acquittal, after reappreciating
    the evidence, is required to consider whether
    the view taken by the trial court is a possible
    view which could have been taken on the
    basis of the evidence on record;

    8.4. If the view taken is a possible view, the
    appellate court cannot overturn the order of
    acquittal on the ground that another view was
    also possible; and

    8.5. The appellate court can interfere with the
    order of acquittal only if it comes to a finding
    that the only conclusion which can be
    recorded on the basis of the evidence on
    record was that the guilt of the accused was
    proved beyond a reasonable doubt and no
    other conclusion was possible.”

    41. Thus, it is beyond the pale of doubt that the scope
    of interference by an appellate court for reversing the
    judgment of acquittal recorded by the trial court in
    favour of the accused has to be exercised within the
    four corners of the following principles:

    41.1. That the judgment of acquittal suffers
    13

    from patent perversity;

    41.2. That the same is based on a
    misreading/omission to consider material
    evidence on record; and

    41.3. That no two reasonable views are
    possible and only the view consistent with the
    guilt of the accused is possible from the
    evidence available on record.”

    12. It could thus be seen that it is a settled legal position that
    the interference with the finding of acquittal recorded by the
    learned trial judge would be warranted by the High Court
    only if the judgment of acquittal suffers from patent
    perversity; that the same is based on a misreading/omission
    to consider material evidence on record; and that no two
    reasonable views are possible and only the view consistent
    with the guilt of the accused is possible from the evidence
    available on record.”

    12. The Hon’ble Supreme Court in the matter of Tulasareddi @

    Mudakappa and another vs. The State of Karnataka & others,

    2026 SCC Online SC 89, the Hon’ble Supreme Court has

    observed as under:-

    “27. In the case of Babu Sahebagouda Rudragoudar

    v. State of Karnataka, 2024 (8) SCC 149 this Court

    held in paragraphs 39 to 42 as under:

    39. This Court in Rajesh Prasad v. State of Bihar

    [Rajesh Prasad v. State of Bihar, (2022) 3 SCC

    471 : (2022) 2 SCC (Cri) 31] encapsulated the

    legal position covering the field after considering
    14

    various earlier judgments and held as below:

    (SCC pp.482-83, para 29)

    “29. After referring to a catena of judgments,

    this Court culled out the following general

    principles regarding the powers of the

    appellate court while dealing with an appeal

    against an order of acquittal in the following

    words: (Chandrappacase [Chandrappa v.

    State of Karnataka, (2007) 4 SCC 415 :

    (2007) 2 SCC (Cri) 325], SCC p. 432, para

    42)

    ’42. From the above decisions, in our

    considered view, the following general

    principles regarding powers of the

    appellate court while dealing with an

    appeal against an order of acquittal

    emerge:

    (1) An appellate court has full

    power to review, reappreciate and

    reconsider the evidence upon

    which the order of acquittal is

    founded.

    (2) The Criminal Procedure Code,

    1973 puts no limitation, restriction
    15

    or condition on exercise of such

    power and an appellate court on

    the evidence before it may reach

    its own conclusion, both on

    questions of fact and of law.

    (3) Various expressions, such as,

    “substantial and compelling

    reasons”, “good and sufficient

    grounds”, “very strong

    circumstances”, “distorted

    conclusions”, “glaring mistakes”,

    etc. are not intended to curtail

    extensive powers of an appellate

    court in an appeal against acquittal.

    Such phraseologies are more in

    the nature of “flourishes of

    language” to emphasise the

    reluctance of an appellate court to

    interfere with acquittal than to

    curtail the power of the court to

    review the evidence and to come to

    its own conclusion.

    (4) An appellate court, however,

    must bear in mind that in case of
    16

    acquittal, there is double

    presumption in favour of the

    accused. Firstly, the presumption of

    innocence is available to him under

    the fundamental principle of

    criminal jurisprudence that every

    person shall be presumed to be

    innocent unless he is proved guilty

    by a competent court of law.

    Secondly, the accused having

    secured his acquittal, the

    presumption of his innocence is

    further reinforced, reaffirmed and

    strengthened by the trial court.

    (5) If two reasonable conclusions

    are possible on the basis of the

    evidence on record, the appellate

    court should not disturb the finding

    of acquittal recorded by the trial

    court.’

    40. Further, in H.D. Sundara v. State of Karnataka [H.D.

    Sundara v. State of Karnataka, (2023) 9 SCC 581 : (2023)

    3 SCC (Cri) 748] this Court summarised the principles

    governing the exercise of appellate jurisdiction while
    17

    dealing with an appeal against acquittal under Section 378

    CrPC as follows : (SCC p. 584, para 8)

    “8. … 8.1. The acquittal of the accused further

    strengthens the presumption of innocence;

    8.2. The appellate court, while hearing an appeal

    against acquittal, is entitled to reappreciate the oral

    and documentary evidence;

    8.3. The appellate court, while deciding an appeal

    against acquittal, after reappreciating the evidence, is

    required to consider whether the view taken by the trial

    court is a possible view which could have been taken

    on the basis of the evidence on record;

    8.4. If the view taken is a possible view, the appellate

    court cannot overturn the order of acquittal on the

    ground that another view was also possible; and

    8.5. The appellate court can interfere with the order of

    acquittal only if it comes to a finding that the only

    conclusion which can be recorded on the basis of the

    evidence on record was that the guilt of the accused

    was proved beyond a reasonable doubt and no other

    conclusion was possible.”

    41. Thus, it is beyond the pale of doubt that the scope

    of interference by an appellate court for reversing the
    18

    judgment of acquittal recorded by the trial court in

    favour of the accused has to be exercised within the

    four corners of the following principles:

    41.1. That the judgment of acquittal suffers from patent

    perversity;

    41.2. That the same is based on a

    misreading/omission to consider material evidence on

    record; and

    41.3. That no two reasonable views are possible and

    only the view consistent with the guilt of the accu

    Ramesh v. State of Uttarakhand, 2020 (20) SCC 522

    sed is possible from the evidence available on record.

    42. The appellate court, in order to interfere with the

    judgment of acquittal would have to record pertinent

    findings on the above factors if it is inclined to reverse

    the judgment of acquittal rendered by the trial court.

    28. In the case of Ramesh v. State of Uttarakhand, 2020 (20)

    SCC 522, this Court has observed and held in para 19 & 20 as

    under:

    “19. In a case like this when the trial court acquitted the

    accused persons of their charges, the High Court could

    not have reversed the finding merely on the basis that

    other view, as recorded by the High Court, appeared to
    19

    it to be a plausible view. Such an approach by the High

    Court, against the judgment of the acquittal, is

    impermissible. In this context, we may usefully refer to

    Kalyan v. State of U.P. [Kalyan v. State of U.P., (2001) 9

    SCC 632 : 2002 SCC (Cri) 780] wherein it was held :

    (SCC pp. 640-41, paras 15, 18 & 20)

    “15. … The view taken by the trial court could have

    been disturbed only if there were compelling reasons.

    We do not find any compelling reason noticed [State of

    U.P. v. Hari Lal, 1998 SCC OnLine All 1216 : 1999 All

    LJ 142] by the High Court while setting aside the order

    of acquittal.

    18. Even if another view regarding the occurrence

    was possible, as taken by the High Court, the same

    could not be made a basis for setting aside the order

    of the trial court in view of the settled position of law

    on the point.

    20. Under the circumstances, the appeal is allowed

    by setting aside the judgment of the High Court

    convicting the accused persons and sentencing

    them to various imprisonments including life

    imprisonment. We uphold the order of acquittal

    passed by the trial court in favour of the appellants.”

    20. In another judgment in Basappa v. State of Karnataka
    20

    [Basappa v. State of Karnataka, (2014) 5 SCC 154 : (2014) 2

    SCC (Cri) 497], this Court noticed plethora of judgments where

    this very principle had been adopted, as can be seen from the

    following discussion therefrom : (SCC pp. 158-61, paras 11-12,

    14 &; 17-18)

    “11. In Bhim Singh v. State of Haryana [Bhim Singh v.

    State of Haryana, (2002) 10 SCC 461 : 2003 SCC (Cri)

    1469], it has been clarified that interference by the

    appellate court against an order of acquittal would be

    justified only if the view taken by the trial court is one

    which no reasonable person would in the given

    circumstances, take.

    12. In Kallu v. State of M.P. [Kallu v. State of M.P., (2006)

    10 SCC 313 : (2006) 3 SCC (Cri) 546], it has been held

    by this Court that if the view taken by the trial court is a

    plausible view, the High Court will not be justified in

    reversing it merely because a different view is possible….

    14. In Ganpat v. State of Haryana [Ganpat v. State of

    Haryana, (2010) 12 SCC 59 :(2011) 1 SCC (Cri) 309],

    SCC para 15, some of the above principles have been

    restated. To quote : (SCC p. 62)

    ’15. The following principles have to be kept in mind by

    the appellate court while dealing with appeals, particularly,

    against an order of acquittal:

    21

    (iv) An order of acquittal is to be interfered with only when

    there are “compelling and substantial reasons” for doing

    so. If the order is “clearly unreasonable”, it is a compelling

    reason for interference.’

    17. … It is not the stand of the High Court that there had

    been some miscarriage of justice in the way the trial

    court has appreciated the evidence. On the contrary, it is

    the only stand of the High Court that on the available

    evidence, another view is also reasonably possible in the

    sense that the appellant-accused could have been

    convicted. In such circumstances, the High Court was not

    justified in reversing the acquittal….

    18. The appeal is allowed. The impugned judgment

    [State of Karnataka v. Basappa, 2010 SCC OnLine Kar

    5110] is set aside and that of the trial court is restored.”

    13. From the bare perusal of the record, it appears that, firstly, the FIR

    was lodged after an inordinate delay of about 20 days from the

    date of the alleged incident, and no satisfactory or plausible

    explanation for such delay has been furnished by the prosecution.

    Secondly, the FIR was initially registered against three unknown

    persons and, therefore, a Test Identification Parade was

    conducted during the course of investigation, however, the same

    does not appear to have been conducted in accordance with the

    settled principles of law. The Test Identification Parade has not
    22

    been properly proved and suffers from procedural irregularities,

    thereby diminishing its evidentiary value. Furthermore, the entire

    prosecution evidence appears to be shaky and unreliable in

    nature, containing several inconsistencies and deficiencies. In

    view of these circumstances, it cannot be said that the learned

    trial Court committed any error of law or perversity in appreciating

    the evidence on record while acquitting the accused

    persons/respondents herein, and therefore the impugned

    judgment of acquittal does not warrant any interference.

    14. This Court finds no illegality in the order impugned acquitting the

    respondents particularly when there is a settled legal position that

    if two views are possible, the appellate Court should not interfere

    with the judgment of acquittal, even otherwise, the prosecution

    thus has utterly failed in proving its case beyond reasonable doubt

    and the trial Court has fully justified in recording the finding of

    acquittal which is based on proper appreciation of evidence

    available on record.

    15. In such facts and evidence, the trial court has, thus, not committed

    any illegality in acquitting the respondents for the commission of

    the alleged crime.

    16. Accordingly, the appeal filed by the appellant/State is hereby

    dismissed.

                Sd/-                                           Sd/-
          (Sanjay S. Agrawal)                     (Amitendra Kishore Prasad)
               Judge                                          Judge
    
          Raghu Jat
     



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