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HomeState Of Chhattisgarh vs Dinesh Soni on 10 March, 2026

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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