State Of Gujarat vs Pravinbhai Kishanbhai @ Karsanbhai … on 24 July, 2026

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    Gujarat High Court

    State Of Gujarat vs Pravinbhai Kishanbhai @ Karsanbhai … on 24 July, 2026

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                                R/CR.A/559/2012                                    JUDGMENT DATED: 24/07/2026
    
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                                        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
    
                                                   R/CRIMINAL APPEAL NO. 559 of 2012
    
    
                           FOR APPROVAL AND SIGNATURE:
    
    
                           HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Sd/-
    
                           ==========================================================
    
                                       Approved for Reporting                     Yes           No
                                                                                                No
                           ==========================================================
                                                   STATE OF GUJARAT
                                                         Versus
                                   PRAVINBHAI KISHANBHAI @ KARSANBHAI RATHOD & ORS.
                           ==========================================================
                           Appearance:
                           MS JYOTI BHATT ADDITIONAL PUBLIC PROSECUTOR for the Appellant(s)
                           No. 1
                           ANAND S TAILOR(9021) for the Opponent(s)/Respondent(s) No. 1,2,3
                           ==========================================================
    
                                CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
    
                                                             Date : 24/07/2026
    
                                                               JUDGMENT
    

    1. The appellant-State of Gujarat has preferred this appeal
    under Section 378(1)(3) of the Code of Criminal Procedure,
    1973 against the judgment and order dated 10.01.2012
    passed by the learned 2nd Additional Sessions Judge,
    Ahmedabad (Rural) (hereinafter be referred to as “the Trial
    Court”) in Sessions Case No. 163 of 2010 whereby the Trial
    Court has acquitted the respondents accused from the offence
    punishable under Sections 498-A, 306 and 114 of Indian Penal
    Code (hereinafter be referred to as the “IPC“).

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    2. The facts giving rise to present appeal are that the
    complainant, Pokhraj Bhavarlal Bavari, the brother of the
    deceased Lataben, lodged a complaint against the accused
    persons at Satellite Police Station, Ahmedabad, which came to
    be registered as I-C.R. No. 369 of 2010 for the above stated
    offences.

    2.1 It is the case of the prosecution that the marriage of the
    deceased Lataben was solemnized with accused No.1
    Pravinbhai. Accused No.2, Kishanbhai @ Karsanbhai
    Ishwarbhai Rathod, is the father-in-law of the deceased, and
    accused No.3, Mathraben W/o. Kishanbhai Ishwarbhai
    Rathod, is her mother-in-law.

    2.2 After the marriage, the deceased started residing at her
    matrimonial home with the accused persons. It is alleged that
    she did not spend even a single day happily after the
    marriage, as the accused persons immediately started
    subjecting her to physical and mental cruelty. Accused No.3
    allegedly instigated accused Nos.1 and 2 against the
    deceased, and accused No.1, while under the influence of
    liquor, subjected her to physical and mental harassment.
    Being frustrated by the continuous cruelty and harassment, on
    09.06.2010, the deceased committed suicide by hanging
    herself from the ceiling fan. Consequently, the complainant
    lodged the complaint.

    2.3 On the basis of the said complaint, investigation was
    initiated. Upon completion of the investigation, as sufficient

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    evidence was found against the accused persons, a charge-
    sheet was filed before the learned Chief Judicial Magistrate
    First Class, Ahmedabad (Rural). Since the offences were
    exclusively triable by the Court of Sessions, the learned
    Magistrate committed the case to the Court of Sessions under
    Section 209 of the Code of Criminal Procedure. The case was
    thereafter transferred to the Court of the Learned Second
    Additional Sessions Judge, Ahmedabad (Rural) and registered
    as Sessions Case No. 163 of 2010.

    2.4 Charges under Sections 306, 498A and 114 of the IPC
    were framed against the accused persons at Exh.6. They
    pleaded not guilty and claimed to be tried. The prosecution,
    therefore, led evidence by examining 11 witnesses and
    producing 15 documentary exhibits.

    2.5 Upon conclusion of the trial, the learned Trial Court by the
    impugned judgment and order, acquitted the accused
    persons, from the above mentioned offences.

    3. Heard Ms. Jyoti Bhatt, learned APP and Mr. Anand Tailor,
    learned counsel for the respondents (on virtual mode).

    4. After considering the impugned judgment and order of
    acquittal passed by the learned Trial Court, and after perusal
    of the deposition of the witnesses recorded by the learned
    Trial Court, Ms. Bhatt, learned APP for the State has
    contended that the learned Trial Court while passing the
    impugned judgment and order has committed serious error by
    appreciating the oral as well as the documentary evidence led

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    before the learned Trial Court, and thus relying upon the said
    evidence, the impugned order was passed is bad in law,
    erroneous, and the same deserves to be quashed and set aside
    and the appeal deserves to be allowed.

    4.1 It is also further contended by the Ms. Bhatt, learned APP
    that the impugned judgment and order is suffered from a
    serious error of law and on facts, while discarding the
    evidence of the witnesses by the learned Trial Court

    4.2 It was further contended that the duration of the marriage
    was only 27 days. The deceased, Lataben, married respondent
    No. 1 on 16.05.2010. Thereafter, on 17.05.2010, they
    returned to Ahmedabad, and on 09.06.2010, the deceased
    committed suicide by hanging herself. Thus, within a short
    span of 27 days of the marriage, the deceased ended her life.
    Therefore, the learned Trial Court ought to have drawn the
    statutory presumption against the present respondents under
    Sections 113A and 113B of the Indian Evidence Act, as the
    circumstances indicated that the deceased had been subjected
    to mental and physical cruelty and harassment by them.

    4.3 Despite the aforesaid facts having emerged on record
    during the examination of the witnesses, the learned Trial
    Court failed to appreciate and consider the evidence in its
    proper perspective while passing the impugned judgment and
    order of acquittal. The learned Trial Court ignored the
    material evidence and the statutory presumptions applicable
    to the facts of the case. Consequently, the impugned judgment
    and order of acquittal is contrary to law, unsustainable, and

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    liable to be quashed and set aside. Accordingly, the present
    appeal deserves to be allowed.

    5. As against that, Mr. Tailor, learned counsel for the
    respondents has pointed out that the prosecution miserably
    failed to prove the case against the present respondents
    through cogent and clinching evidence produced before the
    learned Trial Court. Therefore, the learned Trial Court has
    rightly passed the impugned judgment and order of acquittal.

    5.1 Mr. Tailor, learned counsel for the respondents, further
    submitted that the prosecution witnesses have exaggerated
    the prosecution case and that material omissions and
    contradictions have been duly proved through the deposition
    of the Investigating Officer.

    5.2 Mr. Tailor further submitted that, although the
    prosecution witnesses deposed before the Trial Court that
    several injury marks were found on the body of the deceased,
    the evidence of PW-1, Dr. Digvijay Vaghela, at Exhibit 11,
    clearly reveals that, except for the ligature mark on the neck,
    no external or internal injuries were found on the body of the
    deceased, Lataben. This clearly demonstrates that the version
    of the prosecution witnesses is unreliable and unworthy of
    credence. Therefore, the learned Trial Court has rightly
    discarded and disbelieved such evidence and has committed
    no error while passing the impugned judgment and order of
    acquittal.

    5.3 Learned counsel for the respondents further pointed out

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    that the First Information Report (FIR), lodged by the brother
    of the deceased, namely, Pokhraj Bhanvarlal Bawari, was filed
    after an unexplained delay of two days. Although the
    complainant and his family had reached Ahmedabad
    immediately on 09.06.2010, they chose to take the dead body
    to their native place at Jodhpur and, after performing the last
    rites of the deceased, lodged the FIR only on 11.06.2010. No
    explanation whatsoever has been offered by the complainant
    for such delay. Furthermore, it has not emerged from the
    evidence of the Investigating Officer that any inquiry or
    investigation was conducted regarding the reason for the
    delay in lodging the FIR.

    5.4 It was, therefore, submitted that, in view of the material
    omissions and contradictions in the evidence of the
    prosecution witnesses, coupled with the unexplained delay in
    lodging the FIR, the prosecution has failed to prove the

    6. Upon perusal of the impugned judgment and order of
    acquittal passed by the learned Trial Court, as well as the
    submissions advanced by the learned advocates for both
    sides, the issues that arises for consideration before this
    Court are as under:-

    Whether the learned Trial Court committed any error in
    passing the impugned judgment and order of acquittal?

    Whether the learned Trial Court, while appreciating the
    evidence of the prosecution witnesses, has committed
    any error of law or fact?

    Whether the impugned judgment and order of acquittal
    suffers from any illegality or perversity?

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    7. Now, in light of the above-stated facts and the
    aforementioned issues, let us first examine the facts of the
    case. The deceased, Lataben, was married to Respondent No.
    1 on 16.05.2010, and after the marriage, they returned to
    Ahmedabad on 17.05.2010. Immediately after 6 to 7 days, the
    relatives of the deceased came to Ahmedabad, and thereafter
    they visited several places. During these visits, Respondent
    No. 3 accompanied the relatives of the deceased. The younger
    brother of the deceased, Rahul, was also present with them.
    They left for Jodhpur a few days prior; however, Rahul again
    visited the residence of the deceased and subsequently
    returned to Jodhpur along with his mother on 08.06.2010, just
    a day before the incident.

    8. When they were leaving for Jodhpur, the deceased
    expressed her intention to go with her mother and brother.
    However, her mother declined, advising the deceased that
    since she was now married in Ahmedabad, she ought to reside
    in Ahmedabad. On 09.06.2010, the deceased committed
    suicide by hanging herself.

    9. Initially, an accidental death entry was registered at the
    Satellite Police Station, Ahmedabad, bearing Entry No. 21 of
    2010. Upon recording the accidental death entry, PW-10,
    namely Maganbhai Kalabhai Makwana (who was serving as
    PSI), received information while on duty. On receiving the
    said information, he immediately reached the scene of the
    incident and investigated the accidental death. He drew the
    inquest panchnama, prepared the panchnama of the scene of

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    the offense, and recorded the statements of the witnesses.

    10. Thereafter, the FIR was lodged by PW-4, Pokhraj
    Bhanvarlal Bawari, at Exhibit 24. He submitted a written
    complaint before the Satellite Police Station seeking
    registration of an FIR against the respondents for offenses
    punishable under Sections 306 and 498A read with Section
    114
    of the Indian Penal Code (IPC). The detailed allegations
    set out in the written complaint–which was recorded as the
    FIR–state that Respondent No. 1 (husband of the deceased)
    was addicted to alcohol, leading to frequent quarrels between
    the couple. It was further alleged that Respondent Nos. 2 and
    3 (the parents of Respondent No. 1) instigated Respondent
    No. 1, and upon such instigation, the husband subjected the
    deceased to mental and physical torture, harassment, and
    frequent beatings.

    11. On the basis of these allegations, the FIR was registered.
    PW-11 investigated the offense and submitted a charge-sheet
    before the learned Magistrate. Since the alleged offenses are
    exclusively triable by the Court of Session, the case was
    committed to the Sessions Court and registered as Sessions
    Case No. 163 of 2010. Upon receipt of the case papers, the
    learned Trial Court framed charges against the respondents at
    Exhibit 6 for the aforementioned offenses.

    12. To prove its case, the prosecution adduced both oral and
    documentary evidence, examining a total of 11 witnesses: PW-
    1: Medical Officer / Doctor, PW-2, PW-3, and PW-4: Panch
    witnesses, PW-5 and PW-6: Brothers of the deceased, PW-7:

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    Uncle of the deceased, PW-8: Sister of the deceased, PW-10
    and PW-11: Police witnesses / Investigating Officers

    13. Upon a perusal of the depositions of the relative witnesses
    specifically PW-5, PW-6, and PW-8–material contradictions,
    omissions, and serious discrepancies were brought on record
    and proved through the cross-examination of the Investigating
    Officer.

    14. Even a close scrutiny of the evidence of PW-8 reveals that
    up to 08.06.2010, the deceased was in the company of PW-8,
    PW-6, and other relatives, and it was only on 08.06.2010 that
    they left Ahmedabad along with the mother.

    15. Furthermore, from the deposition of PW-6, it is revealed
    that he did not personally witness any of the accused
    subjecting the deceased to physical or mental torture. He also
    admitted to not having seen Respondent No. 1 in an
    intoxicated state. He further stated before the court that
    Respondent Nos. 2 and 3 never inflicted physical or mental
    torture upon the deceased, nor did they taunt her. Therefore,
    an examination of these witnesses clearly brings out the fact
    that the allegations leveled against the respondents stand
    completely falsified.

    16. In addition, PW-5 and PW-8 specifically asserted before
    the Investigating Officer as well as the court that they
    observed severe injuries on the body of the deceased.
    However, this assertion is completely contradicted by the
    medical evidence. PW-1 (Dr. Vaghela), in his deposition at

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    Exhibit 11 (relevant cross-examination at page 181 of the
    paper-book), specifically stated before the court that no
    external or internal injuries or marks were found on the body
    of the deceased. In his cross-examination, he categorically
    reiterated that no such internal or external injuries were
    present. Thus, the testimony of PW-5 and PW-8 is rendered
    entirely unsubstantiated and contrary to the medical record.
    Lastly, there was an unexplained delay in lodging the FIR, for
    which neither the informant nor the Investigating Officer
    rendered any explanation whatsoever.

    17. It is also borne out from the evidence of the witnesses that
    on 09.06.2010, after the post-mortem was conducted, the
    dead body was handed over to the family members of the
    deceased at Ahmedabad. A decision was then taken by the
    informant and his family members not to allow the
    respondents to perform the cremation ceremony at
    Ahmedabad, insisting instead that the last rites be performed
    at Jodhpur. Consequently, they transported the body to
    Jodhpur. Indeed, the evidence reveals that on account of the
    dispute regarding the cremation, it was only after the
    intervention and persuasion of the Investigating Officer, PW-
    10 (Mr. Makwana), that the body was handed over to the
    informant and his family members.

    18. Upon an appreciation of the overall prosecution evidence,
    the prosecution has miserably failed to establish that any form
    of ill-treatment or harassment was inflicted upon the deceased
    at the hands of the present respondents. On the contrary, the
    testimony of the Investigating Officer reveals that the

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    deceased had hardly resided with the respondents for 4 to 5
    days at Ahmedabad. In light of these facts and the evidence on
    record, even the basic ingredients of Sections 113A and 113B
    of the Indian Evidence Act, read with Sections 498A, 306, and
    107 of the Indian Penal Code (IPC), are not satisfied.

    19. A close examination of the evidence of PW-6 (Rahul,
    younger brother of the deceased) completely washes away the
    story put forward by PW-5 (Pokhrajbhai, elder brother of the
    deceased), rendering the prosecution incapable of proving the
    charges against the respondents under Sections 498A and 306
    read with Section 107 of the IPC.

    20. Furthermore, the evidence of PW-10 reveals that when the
    deceased committed suicide, she was likely alone, as no one
    else was present in the house. The main door was locked from
    the inside and had to be opened with the assistance of
    neighbors, after which the body was untied from the cloth
    used for hanging. The deceased used her dupatta to commit
    the act, which had been cut from the middle; those pieces of
    cloth were subsequently recovered from the scene of the
    incident during investigation. Under these circumstances, it is
    evident that none of the respondents were present in the
    house, and the deceased committed suicide in their absence.

    21. From the prosecution’s own evidence, it appears that the
    deceased did not wish to reside in Ahmedabad with the
    respondents and committed the act for that reason. When PW-
    6 (Rahul) was questioned on this aspect, he admitted that
    when the deceased expressed her desire to return to Jodhpur,

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    her mother advised her that she could not return to Jodhpur,
    as she was married in Ahmedabad and ought to reside there
    with her husband. Therefore, under such circumstances, it
    appears that the deceased committed suicide not due to any
    alleged ill-treatment or harassment by the respondents, but
    because she wished to remain at Jodhpur rather than stay at
    Ahmedabad.

    22. At this stage it is appropriate to refer the provisions of
    Section 498A, 306 and 107 of the IPC and 113A of the Indian
    Evidence Act
    , which are reproduced hereunder :

    Section 498A-Husband or relative of husband of a woman
    subjecting her to cruelty.–

    Whoever, being the husband or the relative of the husband of a
    woman, subjects such woman to cruelty shall be punished with
    imprisonment for a term which may extend to three years and shall
    also be liable to fine.

    Explanation.– For the purpose of this section, “cruelty” means–

    (a) any willful conduct which is of such a nature as is likely to drive
    the woman to commit suicide or to cause grave injury or danger to
    life, limb or health (whether mental or physical) of the woman; or

    (b) harassment of the woman where such harassment is with a
    view to coercing her or any person related to her to meet any
    unlawful demand for any property or valuable security or is on
    account of failure by her or any person related to her to meet such
    demand.

    Section 306- Abetment of suicide.–

    If any person commits suicide, whoever abets the commission of
    such suicide, shall be punished with imprisonment of either
    description for a term which may extend to ten years, and shall
    also be liable to fine.

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    Section 107-Abetment of a thing.–

    A person abets the doing of a thing, who–

    (First)– Instigates any person to do that thing; or

    (Secondly)– Engages with one or more other person or persons in
    any conspiracy for the doing of that thing, if an act or illegal
    omission takes place in pursuance of that conspiracy, and in order
    to the doing of that thing; or

    (Thirdly)– Intentionally aids, by any act or illegal omission, the
    doing of that thing.

    Explanation 1.– A person who, by wilful misrepresentation, or by
    wilful concealment of a material fact which he is bound to disclose,
    voluntarily causes or procures, or attempts to cause or procure, a
    thing to be done, is said to instigate the doing of that thing.

    Section 113-A. Presumption as to abetment of suicide by a
    married woman. [Inserted by Act 46 of 1983, Section 7.]-

    When the question is whether the commission of suicide by a
    woman had been abetted by her husband or any relative of her
    husband and it is shown that she had committed suicide within a
    period of seven years from the date of her marriage and that her
    husband or such relative of her husband had subjected her to
    cruelty, the court may presume, having regard to all the other
    circumstances of the case, that such suicide had been abetted by
    her husband or by such relative of her husband.

    Explanation. – For the purposes of this section, “cruelty” shall have
    the same meaning as in section 498-A of the Indian Penal Code (45
    of 1860).]

    23. So far as section 498-A of 306 IPC and 113 of Evidence
    Act
    is concerned, it is also appropriate to refer the decision of
    this Court in cases of State Of Gujarat Versus Ashvinbhai
    Naginbhai Tandel reported in 2025 (0) GUJHC 20677, State
    Of Gujarat Versus Bhaveshbhai Manilalbhai Patel reported in
    2025 (2) GLR 923, State Of Gujarat Versus Haji Haroon

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    Meman reported in 2026 (0) GUJHC 7002 as well as the
    decisions of the Hon’ble Apex Court in the cases of Ramesh
    Kumar Versus State Of Chhattisgarh reported in 2001 (9) SCC
    618 and Ram Pyarey Versus State Of Uttar Pradesh reported
    in 2025 (6) SCC 820. Even, so far as the statutory
    presumption under Sections 113A and 113B of the Indian
    Evidence Act is concerned, the Hon’ble Supreme Court has
    recently held that before such a presumption can be drawn,
    there must be at least some cogent material or evidence
    giving rise to an inference against the accused. In the absence
    of even the slightest evidence on record from which such an
    inference can reasonably be drawn against the respondents
    regarding the commission of the alleged offences, the
    statutory presumption cannot be invoked.

    24. On perusal of the record of the appeal, it transpires that
    the respondents-accused has established his innocence before
    the learned Trial Court and that, after due appreciation of the
    oral as well as documentary evidence and other material
    placed on record, the learned Trial Court has rightly passed
    the impugned judgment and order of acquittal. The findings
    recorded by the learned Trial Court are just, proper and in
    accordance with the settled principles of law and, therefore,
    no interference is warranted by this Court.

    25. It is well settled by catena of decisions that the Appellate
    Court has full power to review, re-appreciate and reconsider
    the evidence upon which the order of acquittal is founded.
    However, Appellate Court must bear in mind that in case of
    acquittal there is double presumption in favour of the

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    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 their
    innocence is further reinforced, reaffirmed and strengthened
    by the trial Court.

    26. Further, 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. Further, while exercising the powers in appeal
    against the order of acquittal, the Court of appeal would not
    ordinarily interfere with the order of acquittal unless the
    approach of the lower Court is vitiated by some manifest
    illegality and the conclusion arrived at would not be arrived at
    by any reasonable person and, therefore, the decision is to be
    characterized as perverse. Merely because two views are
    possible, the Court of appeal would not take the view which
    would upset the judgment delivered by the Court below.
    However, the Appellate Court has a power to review the
    evidence if it is of the view that the conclusion arrived at by
    the Court below is perverse and the Court has committed a
    manifest error of law and ignored the material evidence on
    record. A duty is cast upon the Appellate Court, in such
    circumstances, to re-appreciate the evidence to arrive to a
    just decision on the basis of material placed on record to find
    out whether the accused are connected with the commission
    of the crime with which he is charged.

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    27. The scope and principles are enunciated by the Hon’ble
    Apex Court in case of Chandrappa and others Vs. State of
    Karnataka
    reported in (2007) 4 SCC 415, more particularly
    paragraph Nos.
    42 and 43, which was subsequently re-
    affirmed by the Hon’ble Apex Court Rajesh Prasad Vs. State
    of Bihar and another
    , reported in [2022] 3 SCC 471,
    wherein, the Hon’ble Apex Court has enunciated the general
    principles in case of acquittal, more particularly in paragraph
    No. 26 the general principles are set out by the Hon’ble Apex
    Court based upon various decisions of the Hon’ble Apex
    Court.
    Then in case of Babu Sahebagouda Rudragoudar
    Vs. State of Karnataka
    , reported in AIR 2024 SC 2252 =
    (2024) 8 SCC 149, the Hon’ble Apex Court has dealt with
    the similar issue, more particularly, in paragraph Nos. 37 to

    40. Hence, I am in complete agreement with the findings
    recorded by the trial Court.

    28. It is also worthwhile to refer to the recent decision of the
    Hon’ble Supreme Court in the case of Ramesh vs. State of
    Karnataka
    , reported in [2024] 9 SCC 169, wherein the
    Hon’ble Supreme Court has held and observed in paras-20
    and 21 as under:-

    “20. At this stage, it would be relevant to refer to the general
    principles culled out by this Court in Chandrappa and others vs.
    State of Karnataka
    , regarding the power of the appellate Court
    while dealing with an appeal against a judgment of acquittal. The
    principles read thus:

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

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    undefined

    (2) The Code of Criminal Procedure, 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, “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 emphasize 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.

    21. In Rajendra Prasad v. State of Bihar, a three-Judge Bench of
    this Court pointed out that it would be essential for the High
    Court, in an appeal against acquittal, to clearly indicate firm and
    weighty grounds from the record for discarding the reasons of the
    Trial Court in order to be able to reach a contrary conclusion of
    guilt of the accused. It was further observed that, in an appeal
    against acquittal, it would not be legally sufficient for the High
    Court to take a contrary view about the credibility of witnesses
    and it is absolutely imperative that the High Court convincingly
    finds it well-nigh impossible for the Trial Court to reject their
    testimony. This was identified as the quintessence of the
    jurisprudential aspect of criminal justice. Viewed in this light, the
    brusque approach of the High Court in dealing with the appeal,
    resulting in the conviction of Appellant Nos. 1 and 2, reversing
    the cogent and well-considered judgment of acquittal by the Trial
    Court giving them the benefit of doubt, cannot be sustained.”

    29. Considering the entire evidence on record, it clearly
    appears that there is no credible evidence to connect the
    present accused with the alleged crime and the evidence on

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    undefined

    record is not so convincing to prove beyond reasonable doubt
    that the accused has committed the alleged crime. Therefore,
    the accused cannot be convicted on the evidence on record.

    30. On perusal of the impugned judgment and order, it
    clearly transpires that the trial Court has not committed any
    error of fact and law in appreciating the evidence on record
    and in acquitting the accused from the charges levelled
    against them. Even on re-appreciation of the evidence, it
    clearly transpires that the prosecution has miserably failed to
    prove the charge levelled against the accused beyond
    reasonable doubt. Therefore, the impugned judgment and
    order of the trial Court is sustainable and the present appeal
    is liable to be dismissed.

    31. In view of the above, the present appeal is devoid of
    merits and it deserves to be dismissed. Resultantly, it is
    dismissed. The impugned judgment and order of acquittal
    passed by the trial Court is hereby confirmed. Bail bond
    stands cancelled. Record and proceedings be sent back to the
    concerned Trial Court forthwith.

    Sd/-

    (HEMANT M. PRACHCHHAK,J)
    SURESH SOLANKI

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