Gujarat High Court
State Of Gujarat vs Ashokbhai Parshottambhai Gohil on 17 March, 2026
NEUTRAL CITATION
R/CR.A/1967/2010 JUDGMENT DATED: 17/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL NO. 1967 of 2010
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STATE OF GUJARAT
Versus
ASHOKBHAI PARSHOTTAMBHAI GOHIL & ORS.
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Appearance:
MS. SHRUTI PATHAK, APP for the Appellant(s) No. 1
BAILABLE WARRANT SERVED for the Opponent(s)/Respondent(s) No. 3
MR PARTH S TOLIA(5617) for the Opponent(s)/Respondent(s) No. 1,2,3
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CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 17/03/2026
JUDGMENT
1. Feeling aggrieved by and dissatisfied with the
judgment and order of acquittal dated 26.08.2010, passed by
the learned Additional Sessions Judge, Mahuva, in Sessions
Case No.135/2009, for the offences punishable under Sections
498(A), 306 and 114 of the Indian Penal Code, the appellant
– State of Gujarat has preferred this appeal under Section
378 of the Code of Criminal Procedure, 1973 (for short, “the
Code”).
2. The prosecution case as unfolded during the trial
before the trial Court is that the deceased, daughter of the
complainant, was married to original accused No.1 according
to their caste customs. The remaining accused were her in-
laws, all residing together. It is alleged that the accused
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persons continuously harassed the deceased, telling her that
she was of bad character, causing severe mental distress.
Unable to bear the harassment, the deceased committed
suicide by jumping into a well.
3. After investigation, sufficient prima facie evidence
was found against the accused person/s and therefore charge-
sheet was filed in the competent criminal Court. Since the
offence alleged against the accused person/s was exclusively
triable by the Court of Sessions, the learned Magistrate
committed the case to the Sessions Court where it came to
be registered as Sessions Case No.135/2009. The charge was
framed against the accused person/s. The accused pleaded not
guilty and came to be tried.
4. In order to bring home the charge, the prosecution
has examined 13 witnesses and also produced 13
documentary evidences before the trial Court, which are
described in the impugned judgment are as under;
Oral Evidences
Sr.No. Exh.No. Oral Evidence
1. 9 Dr. Ashoklaljibhai Vadher
2. 16 Mansukhbhai Naranbhai
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3. 18 Nathuben Mansukhbhai
4. 19 Maheshbhai Mansukhbhai Bhaliya
5. 20 Vijaybhai Babubhai Bhaliya
6. 21 Bharatbhai Kalubhai
7. 23 Nathubhai Kalabhai
8. 24 Bachubhai Kalubhai
9. 26 Raghavandas Hemubhai Gadhvi
10. 29 Gordhanbhai Ukabhai
11. 30 Savjibhai Ghelabhai
12. 31 Batukbhai Dayaljibhai Thakkar
13. 13 Bavanji Danabhai Rabari
Documentary Evidences
Sr. No. Exh. No. Documentary Evidence
1. 33 Declaration of Ashokbhai Parshottambhai.
2. 17 Complaint of Mansukhbhai Naranbhai.
3. 11 Inquest Panchnama of both the deceased.
4. 12 Posthumous form of the deceased Kailash.
5. 13 Posthumous form of the deceased Hardik.
6. 48 FSL Bhavnagar’s report.
7. 22 Panchnama of the place of offence.
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8. 25 Arrest Panchnama of the accused.
9. 14 PM note of the deceased Kailasben.
10. 15 PM note of the deceased Hardik.
11. 40 Viscera Report.
12. 42 Biological Report.
13. 27 Station Diary.
5. After hearing both the parties and after analysis
of evidence adduced by the prosecution, the learned trial
Judge acquitted the accused for the offences for which the
charge was framed, by holding that the prosecution has failed
to prove the case beyond reasonable doubt.
6. Learned APP for the appellant – State has
pointed out the facts of the case and having taken this Court
through both, oral and documentary evidence, recorded before
the learned trial Court, would submit that the learned trial
Court has failed to appreciate the evidence in true sense and
perspective; and that the trial Court has committed error in
acquitting the accused. It is submitted that the learned trial
Court ought not to have given much emphasis to the
contradictions and/or omissions appearing in the evidence and
ought to have given weightage to the dots that connect the
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accused with the offence in question. It is submitted that
the learned trial Court has erroneously come to the
conclusion that the prosecution has failed to prove its case. It
is also submitted that the learned Judge ought to have seen
that the evidence produced on record is reliable and
believable and it was proved beyond reasonable doubt that
the accused had committed an offence in question. It is,
therefore, submitted that this Court may allow this appeal by
appreciating the evidence led before the learned trial Court.
7. As against that, learned advocate for the
respondent/s would support the impugned judgment passed by
the learned trial Court and has submitted that the learned
trial Court has not committed any error in acquitting the
accused. The trial Court has taken possible view as the
prosecution has failed to prove its case beyond reasonable
doubt. Therefore, it is prayed to dismiss the present appeal
by confirming the impugned judgment and order passed by
the learned trial Court.
8. In the aforesaid background, considering the oral
as well as documentary evidence on record, independently and
dispassionately and considering the impugned judgment and
order of the trial Court, the following aspects weighed with
the Court:
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8.1 The entire case of the prosecution is based on the
complaint filed vide Exh. 17, wherein the father of the
deceased Kailashben has alleged that as the accused were
doubting the character of the deceased Kailasben, and were
mentally and physically harassing her, she had no other
option, but to commit suicide along with her son Hardik,
eventually she fell into the well and drowned herself. The
prosecution has also tried to establish their case that there
were constant quarrels between the deceased and the accused.
For that reason, the deceased used to come to her parental
house, and after settlement she was sent back to her
matrimonial home. It is also stated that the said incident of
harassment had taken place at least around ten times before
she committed suicide.
8.2 It is also stated in the said complaint that on
22.07.2009, the deceased and her minor son Hardik had come
to the parental house and stated that accused no. 1 had
physically assaulted her because of the constant provocation
from accused nos. 2 and 3, and thereafter, on 01.03.2009, the
accused no. 1 had called the brother of the deceased,
Mukesh, and had stated that he talked to the deceased and
told her to reach village Bhadrod, and thereafter he will
come to take deceased Kailasben from Bhadrod to her
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matrimonial home.
8.3 The prosecution has examined vide Exh. 9, Dr.
Ashokbhai Laljibhai, who had conducted the post mortem
report of the deceased Kailasben and son Hardik. As per the
post mortem report, which is produced vide Exh. 14, with
respect to the post mortem of the deceased Kailasben and
the post mortem report of son Hardik, which is produced
vide Exh. 15, state that the cause of death in both cases
was asphyxia resulting from drowning.
8.4 The complainant’s father, Mansukhbhai, has been
examined vide Exh. 16, the mother of the deceased, Mayuben
Mansukbhai, has been examined vide Exh. 18, and the
brother of the deceased has been examined vide Exh. 19 as
PW-4. In his cross-examination, he has stated that after his
sister fell in the well, he has not gone to the village
Chokwa, where the said incident had taken place where the
deceased was having her matrimonial home. He has also
admitted that he or his family members have not gone to
the said matrimonial village of the deceased to find the
reason, as to why the deceased had committed suicide. He
had also stated that he has not gone to the hospital, and
that the police had also not come to him to take his
statement, and all the facts are stated by him for the first
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time. In his cross-examination, he has also admitted that the
deceased was having a temperament of getting emotionally
hurt in small matters also.
8.5 The other cousin brother of the deceased, Vijaybhai
Babubhai, has been examined as PW-5 vide Exh. 20. He was
the person who had received the first phone call about the
incident, and he is the cousin of the deceased, and in his
deposition he has only stated that he has given a general
statement of the alleged harassment that was done on the
deceased by the accused.
8.6 The panchnama of the scene of offence is produced
vide Exh. 22, and the witness to the said panchnama,
Bharatbhai Kalubhai, has been examined vide Exh. 21 as
PW-6. In his cross-examination, he has stated that the police
had informed him that as the deceased was not permitted to
go to her residence, as the accused no. 1 could not manage
the vehicle, the deceased had committed suicide.
8.7 The prosecution had examined Nathubhai Kalubhai,
an independent witness examined as PW-7 vide Exh. 23. He
was the husband of the Sarpanch of the village Chokwa. He
has stated in his deposition that he was not present in the
said village when he got the information about the fact that
somebody had jumped into the well, but he was informed
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about the said fact by a phone call from his son Madhubhai.
In his cross-examination, he has stated that he has not
heard that the deceased was harassed mentally and
physically by the accused. Vide Exh. 24, the prosecution has
examined Bachubhai Kalubhai as PW-8, he had called and
informed Vijaybhai Babubhai, who has been examined at Exh.
20, about the said incident, and in his deposition he has also
stated that he was at village Katasar when he came to know
about the incident that took place at village Chokwa.
8.8 The prosecution has examined Raghavdan
Hemubhai as PW-9, the Police Constable, vide Exh. 26, and
the prosecution has tried to rely on the station diary of
registration of offence, which is produced vide Exh. 32, i.e.,
station diary no. 21/09. The intimation by the husband is
produced vide Exh. 33, and the station diary about the
registration of offence is produced vide Exh. 27. The
prosecution has tried to rely on the evidence of Gordhanbhai,
who has been examined as PW-10.
8.9. The prosecution has also examined an independent
witness, Savjibhai, vide Exh. 30 as PW-11, who is also a
villager and who is of the same caste of accused. He has
also turned hostile and not supported the case of the
prosecution. He was alleged to be the person who had
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accompanied the accused father-in-law when she was to be
brought to the matrimonial home. The P.I Batukbhai
Dayaljibhai has been examined as PW-12 vide Exh. 31, and
the D.Y.S.P. Bavanji Danabhai has been examined vide Exh.
46 as PW-15.
8.10 If the evidence of the mother of the deceased, who
has been examined as PW-3 vide Exh. 18, is taken into
consideration, she has also not deposed as to what had
transpired after the deceased had reached her matrimonial
home from 01.03.2009 to 04.03.2009. The brother of the
deceased has also stated the said facts vide Exh. 18 and 20.
The cousin brother Vijaybhai, though having reached to the
place of offence and had stated that there were other
villagers present near the well, the prosecution has failed to
prove as to what had transpired on the said date or in
proximity of the same date, nor the prosecution has been
able to prove the role of the individual accused in the said
offence.
8.11 Vide Exh. 33, the intimation that has been given
by the husband also states that the deceased had committed
suicide, as the deceased wanted to go to her house, and the
accused no. 1 had stated that the vehicle was not available,
as and when the vehicle would be available, they will take
her to the house. The fact also remains that there is nothing
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on record that the accused had done any act of cruelty which
induced the deceased to end her life by committing suicide.
8.12 The prosecution has failed to prove that the
accused had committed the offence under Sections 306, 498A,
and 114 of the Indian Penal Code. The prosecution has also
failed to prove that the accused had driven the deceased to
the point of desperation, leaving her with no option except to
think about suicide. The prosecution has also failed to prove
any incident that had driven the deceased to commit suicide.
Though all the witnesses relied on by the prosecution were
the relatives of the deceased, the fact remains that even
considering their evidence, the prosecution has failed to prove
that the deceased had committed suicide because of the
cruelty and harassment done by the accused.
8.13 Moreover, even as per the post mortem report
produced vide Exh. 14 and 15, there are no external injuries
that have been noted in the post mortem report. The
independent witnesses who have been examined by the
prosecution also do not support the case of the prosecution
that the accused had committed physical and mental cruelty
on the deceased. It also transpires that a case under Section
302 of the Indian Penal Code was also registered against the
wife for throwing the child Hardik in the well, which was
registered as FIR No. 45/2009.
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9. The evidence on record and the glaring omission
on the prosecution as pointed out above leaves no room of
doubt that the order passed by the trial Court is as per law.
The trial Court has rightly held that there was no positive
evidence on record to prove that the accused by way of the
conduct or spoken words, overtly or covertly, actually aided
and abetted or instigated the deceased in such a manner
that it leaves no other option for the deceased but to commit
suicide. In the present case, the prosecution has also not
been able to prove the clear motive of the accused to commit
offence of abatement. There is also no close connection
between the accused action and the deceased’s choice to
commit suicide. In view of the said fact, the prosecution has
not been able to prove that the accused have stimulated the
deceased to commit suicide. In the present case, the
prosecution has also not been able to prove the clear motive
of the accused to commit offence of abatement. There is also
no close connection between the accused action and the
deceased’s choice to commit suicide. In view of the said fact,
the prosecution has not been able to prove that the accused
have stimulated the deceased to commit suicide.
9.1 The prosecution has not proved that there was a
clear motive to commit the offence of abatement. The
prosecution has also not proved that the accused proceeded to
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encourage and/or irritate the deceased through words or
insults and that the accused intended to urge the deceased to
end it all by committing suicide. The prosecution has also
not been able to prove the direct connection between the
incitement and committal of suicide. The prosecution has also
not been able to prove direct or indirect act of incitement to
the commitment of suicide. The prosecution has also not been
able to prove by accusation of harassment without any
positive action on the part of the accused close to the time
of occurrence that led and forced the deceased to commit
suicide.
9.2 The present matter turns on whether the conduct
attributed to the accused satisfies the legal threshold of
abetment of suicide. Therefore, read as a whole, it can be
said that mere occurrence of a suicide does not automatically
trigger rigours of the Section. The penal consequences under
Section 306 of the Indian Penal Code arise when the
prosecution is able to establish that the accused abetted and
had a role in provoking or facilitating that suicide. Therefore,
this twin test distinction is required to be borne in mind.
9.3 Abetment, as understood in criminal jurisprudence,
is not a broad moral expression but a term of precise
statutory meaning. Section 107 IPC delineates its contours:
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instigation, conspiracy, or intentional aiding. Each of these
modes presupposes active involvement. The law does not
punish omission except in some cases, it punishes intentional
encouragement or positive facilitation of a prohibited act.
9.4 It is therefore not sufficient to show that the
deceased was unhappy, distressed, or subjected to unpleasant
treatment. The jurisprudence developed by the Hon’ble
Supreme Court has consistently underscored that routine
domestic disagreements, suspicion between spouses, or
episodes of harassment do not ipso facto amount to
instigation. Rigours of this Section intervene only where there
is clear evidence of mens rea and a direct causal link
between the accused’s conduct and the decision of the
deceased to commit suicide.
9.5 The concept of instigation demands something more
than mere reproach or accusation. It connotes an active
suggestion, an incitement, or conduct of such intensity that it
operates upon the mind of the victim and pushes him or her
toward this drastic and unfortunate step. The prosecution
therefore, must demonstrate either a deliberate intention to
drive the deceased to suicide or knowledge that the conduct
in question was likely to produce that consequence. Equally
indispensable is the requirement of proximity. The law insists
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on a live and immediate nexus between the acts complained
of and the suicide. A remote or generalized allegation is
insufficient. There must be evidence showing that the accused
engaged in conduct so closely connected in time and effect
with the suicide that it can reasonably be said to have
triggered the fatal act.
9.6 No material has been brought on record
demonstrating any proximate act immediately preceding the
suicide which could be construed as instigation. Nor is there
evidence of a positive act amounting to intentional aid. The
essential ingredients of abetment -namely, culpable mental
state coupled with active or proximate conduct-are not
established.
9.7 On an overall assessment of the evidence, the
prosecution has failed to demonstrate the existence of the
foundational elements necessary to sustain a conviction under
Section 306 IPC.
10. In the case of Mahendra K.C. v. State of
Karnataka and another, [(2022) 2 SCC 129], it has been held
by the Hon’ble Supreme Court that the essence of abetment
lies in instigating a person to do a thing or the intentional
doing of that thing by an act or illegal omission. Instigation
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is to goad, urge forward, provoke, incite or encourage to do
“an act”. To satisfy the requirement of instigation though it
is not necessary that actual words must be used to that
effect or what constitutes instigation must necessarily and
specifically be suggestive of the consequence. Yet a reasonable
certainty to incite the consequence must be capable of being
spelt out. A word uttered in the fit of anger or emotion
without intending the consequences to actually follow cannot
be said to be instigation.
10.1 In the case of Mahendra Awase v. State of
Madhya Pradesh, 2025 (1) Crimes 347 (SC), the observations
are made with regard to abetment of suicide. It has been
held that in order to bring a case within purview of Section
306 IPC, there must be a case of suicide and in commission
of said offence, person who is said to have abetted
commission of suicide must have played active role by act of
instigation or by doing certain act to facilitate commission of
suicide. It has been further observed that the act of
abetment by person charged with said offence must be proved
and established by prosecution before he could be convicted
under Section 306 IPC. It is further observed that to satisfy
requirement of instigation, accused by his act or omission or
by a continued course of conduct should have created such
circumstances that deceased was left with no other option,
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except to commit suicide.
10.2 In the case of Amalendu Pal alias Jhantu versus
State of West Bengal, (2010) 1 SCC 707, it has been held
that in a case of alleged abetment of suicide, there must be
proof of direct or indirect act(s) of incitement to the
commission of suicide. Merely on the allegation of harassment
without there being any positive action proximate to the time
of occurrence on the part of the accused which led or
compelled the deceased to commit suicide, conviction in terms
of Section 306 IPC would not be sustainable.
10.3 In the case of Rajesh v. State of Haryana, (2020)
15 SCC 359, after considering the provisions of Sections 306
and 107 of IPC, the Court held that conviction under Section
306 IPC is not sustainable on the allegation of harassment
without there being any positive action proximate to the time
of occurrence on the part of the accused which led or
compelled the person to commit suicide.
10.4 In the case of Amudha v. State, 2024 INSC 244,
it was held that there has to be an act of incitement on the
part of the accused proximate to the date on which the
deceased committed suicide. The act attributed should not
only be proximate to the time of suicide but should also be
of such a nature that the deceased was left with no
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alternative but to take the drastic step of committing suicide.
10.5 The prosecution has not been able to prove that
the abetment to commit suicide which involves a mental
process of instigating a deceased or intentionally aiding a
deceased in the doing of a thing without a positive proximate
act on the part of the accused to instigate or aid in
committing suicide. There are merely allegations of
harassment without there being any positive action proximate
to the time of occurrence on the part of accused which led or
compelled the deceased to commit suicide. Moreover, the word
uttered in the heat of anger or emotion without intending
the consequences to actually follow, cannot be said to be
instigation. The prosecution has not been able to prove that
there was active act or direct act which led the deceased to
commit suicide seeing no other option and the prosecution
has not been able to prove that the act of the accused was
with the intention to push the deceased into such a position
that he/she committed suicide.
10.6 The prosecution has not proved that there was a
clear motive to commit the offence of abatement. The
prosecution has also not proved that the accused proceeded to
encourage and/or irritate the deceased through words or
insults and that the accused intended to urge the deceased to
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end it all by committing suicide. The prosecution has also
not been able to prove the direct connection between the
incitement and committal of suicide. The prosecution has also
not been able to prove direct or indirect act of incitement to
the commitment of suicide. The prosecution has also not been
able to prove by accusation of harassment without any
positive action on the part of the accused close to the time
of occurrence that led and forced the deceased to commit
suicide.
10.7 The prosecution has also not been able to prove
the direct proximity i.e. live link between the accused action
and victim’s death. Moreover, the prosecution has also failed
to prove the act of alleged instigation was near the time of
suicide. The prosecution has also not been able to prove any
evidence of positive, direct act that forced a deceased into a
situation with no other option but to take her life. The
prosecution has not been able to prove a specific incident and
or a recent and direct act of the accused that triggered the
immediate suicide.
11. Further, learned APP is not in a position to show
any evidence to take a contrary view in the matter or that
the approach of the Court below is vitiated by some manifest
illegality or that the decision is perverse or that the Court
below has ignored the material evidence on record. In above
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view of the matter, this Court is of the considered opinion
that the Court below was completely justified in passing
impugned judgment and order.
12. Considering the impugned judgment, the trial
Court has recorded that there was no direct evidence
connecting the accused with the incident and there are
contradictions in the depositions of the prosecution witnesses.
In absence of the direct evidence, it cannot be proved that
the accused are involved in the offence. Further, the motive
of the accused behind the incident is not established. The
trial Court has rightly considered all the evidence on record
and passed the impugned judgment. The trial Court has
rightly evaluated the facts and the evidence on record.
13. It is also a settled legal position that in acquittal
appeal, the appellate court is not required to re-write the
judgment or to give fresh reasoning, when the reasons
assigned by the Court below are found to be just and proper.
Such principle is down by the Apex Court in the case of
State of Karnataka Vs. Hemareddy, reported in AIR 1981 SC
1417 wherein it is held as under:
"... This court has observed in Girija
Nandini Devi V. Bigendra Nandini
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Chaudhary (1967)1 SCR 93: (AIR 1967 SC
1124) that it is not the duty of the
appellate court when it agrees with the
view of the trial court on the evidence to
repeat the narration of the evidence or to
reiterate the reasons given by the trial
court expression of general agreement with
the reasons given by the Court the decision
of which is under appeal, will ordinarily
suffice.”
14. Thus, in case the appellate court agrees with the
reasons and the opinion given by the lower court, then the
discussion of evidence at length is not necessary.
15. In the case of Ram Kumar v. State of Haryana,
reported in AIR 1995 SC 280, Supreme Court has held as
under:
“The powers of the High Court in an
appeal from order of acquittal to reassess
the evidence and reach its own conclusions
under Sections 378 and 379, Cr.P.C. are as
extensive as in any appeal against the
order of conviction. But as a rule of
prudence, it is desirable that the High
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Court should give proper weight and
consideration to the view of the Trial Court
with regard to the credibility of the
witness, the presumption of innocence in
favour of the accused, the right of the
accused to the benefit of any doubt and the
slowness of appellate Court in justifying a
finding of fact arrived at by a Judge who
had the advantage of seeing the witness. It
is settled law that if the main grounds on
which the lower Court has based its order
acquitting the accused are reasonable and
plausible, and the same cannot entirely and
effectively be dislodged or demolished, the
High Court should not disturb the order
of acquittal.”
16. As observed by the Hon’ble Supreme Court in the
case of Rajesh Singh & Others vs. State of Uttar Pradesh
reported in (2011) 11 SCC 444 and in the case of
Bhaiyamiyan Alias Jardar Khan and Another vs. State of
Madhya Pradesh reported in (2011) 6 SCC 394, while dealing
with the judgment of acquittal, unless reasoning by the trial
Court is found to be perverse, the acquittal cannot be upset.
It is further observed that High Court’s interference in such
appeal in somewhat circumscribed and if the view taken by
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the trial Court is possible on the evidence, the High Court
should stay its hands and not interfere in the matter in the
belief that if it had been the trial Court, it might have
taken a different view.
17. In the case of Chandrappa v. State of Karnataka,
reported in (2007) 4 SCC 415, the Hon’ble Apex Court has
observed as under:
“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.
(3) Various expressions, such as, Page 23 of 26 Uploaded by ADITYA SINGH(HC02376) on Tue Mar 17 2026 Downloaded on : Tue Mar 17 23:39:51 IST 2026 NEUTRAL CITATION R/CR.A/1967/2010 JUDGMENT DATED: 17/03/2026 undefined
“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
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record, the appellate court should not
disturb the finding of acquittal recorded by
the trial court.”
18. The Hon’ble Apex Court, in a recent decision, in
the case of Constable 907 Surendra Singh and Another V/s
State of Uttarakhand reported in (2025) 5 SCC 433, has held
in paragraph 24 as under:
“24. 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.”
19. Considering the aforesaid facts and circumstances
of the case and law laid down by the Hon’ble Supreme Court
while considering the scope of appeal under Section 378 of
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the Code of Criminal Procedure, 1973 no case is made out to
interfere with the impugned judgment and order of acquittal.
20. In view of above facts and circumstances of the
case, on my careful re-appreciation of the entire evidence, I
found that there is no infirmity or irregularity in the
findings of fact recorded by learned trial Court and under
the circumstances, the learned trial Court has rightly
acquitted the respondent/s – accused for the elaborate reasons
stated in the impugned judgment and I also endorse the
view/finding of the learned trial Court leading to the
acquittal.
21. In view of the above and for the reasons stated
above, the present Criminal Appeal fails and the same
deserves to be dismissed and is dismissed, accordingly. Record
& Proceedings be remitted to the concerned trial Court
forthwith.
(SANJEEV J.THAKER,J)
ADITYA SINGH
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