State Of Gujarat vs Rajubhai Samsubhai Baria (Bhil) on 11 March, 2026

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    Gujarat High Court

    State Of Gujarat vs Rajubhai Samsubhai Baria (Bhil) on 11 March, 2026

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                               R/CR.A/1943/2010                                      JUDGMENT DATED: 11/03/2026
    
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                                        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
    
                                                  R/CRIMINAL APPEAL NO. 1943 of 2010
    
    
                          FOR APPROVAL AND SIGNATURE:
    
    
                          HONOURABLE MR.JUSTICE SANJEEV J.THAKER                                Sd/
                          ==========================================================
                                       Approved for Reporting                       Yes           No
                                                                                                  ✔
                          ==========================================================
                                                       STATE OF GUJARAT
                                                             Versus
                                             RAJUBHAI SAMSUBHAI BARIA (BHIL) & ANR.
                          ==========================================================
                          Appearance:
                          MR YUVRAJ BRAHMBHATT, APP for the Appellant(s) No. 1
                          ABATED for the Opponent(s)/Respondent(s) No. 1
                          RULE SERVED for the Opponent(s)/Respondent(s) No. 2
                          ==========================================================
    
                            CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
    
                                                              Date : 11/03/2026
    
                                                                 JUDGMENT
    

    1. Feeling aggrieved by and dissatisfied with the judgment

    and order of acquittal dated 26.07.2010, passed by the learned
    Sessions Judge, Anand, in Sessions Case No.41 of 2010 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”).

    SPONSORED

    2. The prosecution case as unfolded during the trial before
    the trial Court is that the respondent-original accused No.1 was

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    married to the deceased. During the subsistence of the marriage, the
    accused allegedly subjected the deceased to continuous physical and
    mental cruelty, including harassment on suspicion of her character
    and demands for dowry. It is alleged that due to persistent torture
    and harassment, which crossed tolerable limits, the deceased
    committed suicide by hanging herself with a sari therefore, the
    complaint was filed against the respondent/s-accused.

    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.41 of 2010. 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 8 witnesses and also produced 16 documentary

    evidence before the trial Court, which are described in the

    impugned judgment.

    5. After hearing both the parties and after analysis

    of evidence adduced by the prosecution, the learned trial

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    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

    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. Vide order dated 08.12.2025, this appeal is already

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    abated qua respondent no.1. None appears on behalf of the
    respondent no.2, though served.

    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 :

    8.1. The prosecution has relied on the complaint, which is

    filed vide Exhibit-15 as per the said complaint the alleged

    incident has taken place on 23.01.2010. It is the case of the

    prosecution that the, deceased Sitaben before four months of

    the alleged incident was upset and had come to her parental

    house, and had alleged that the accused no.1 was doubting
    the character of the deceased with Natubhai Saburbhai and

    thereafter, father of the accused and the mother of the

    accused had come to take the deceased from her parental

    house. The entire case of the prosecution is based on the fact

    that there was a dispute before four months from the date of

    incident.

    8.2. The marriage span of the deceased with the accused

    no.1 was two years. The complaint has been filed by the

    brother of the deceased. The prosecution has examined

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    Dr.Hasmukh P. Parekh as PW-1, who was working as

    Medical Officer at Ode Community Health Center and he had

    conducted the post-mortem of the deceased and as per the

    said report, which is produced vide exhibit-12, the cause of

    death of the deceased was due to asphyxia due to hanging

    and the medical certificate is produced vide exhibit-13.

    8.3. The complainant Rakesh Bhai has been examined as

    PW-2 vide exhibit-14 and in his cross-examination, he has

    admitted the fact that the deceased was of sensitive nature

    and before the incident, the fact of extramarital affair had

    come to his knowledge. The mother of the deceased has been

    examined vide the Exhibit-16. The relative of the deceased,

    Shamsubhai has been examined vide exhibit-17 as PW-4.

    8.4. If the entire evidence is taken into consideration, the

    witnesses of the prosecution have not proved other than the

    fact that, before four months from the date of incident, there

    was harassment by the accused on the deceased. The fact

    remains that the claim of extramarital affair, which is

    alleged from the case of the prosecution is with one

    Natubhai, but the fact remains that Natubhai and his wife

    happen to be relative of the accused and have been staying

    together. If the said fact was true, the accused no.1 would

    not be staying with said Natubhai.

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    8.5. Therefore, the entire case which has been stated by the

    complainant is that the dispute was that the accused was

    harassing the deceased, for having illicit relation with

    Natubhai, but the same has not been proved by the

    prosecution. The other fact which has been taken into

    consideration by the sessions Court is that the deceased had

    come to Devarampura village just before five days from the

    date of alleged incident, but the prosecution has failed to

    prove that what was the quarrel between the deceased and

    the accused which had taken place over there. The

    prosecution has also not been able to prove that there was

    any role of the accused in instigating the deceased for

    committing suicide.

    8.6. The prosecution has also not been able to prove the

    instigating act which was immediate in close proximity to

    prove the offence against the accused. With respect to the

    illicit relation of the deceased with Natubhai, the prosecution

    has also not examined Natubhai and/ or his wife to prove

    the said fact.

    8.7. Moreover, the place where the deceased was working

    was a poultry farm, and the prosecution has not examined

    any of the labourers or the owner or the contractor of the

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    said poultry farm to prove the fact of harassment by the

    accused on the deceased.

    8.8. The prosecution has also not proved the offence of

    demand of dowry by the accused. If the evidence of the

    police officers who have been examined vide exhibit-31, Police

    Constable Mahendrabhai Vala, the P.S.O.-Basirkhan

    Aiyubkhan Pathan, who has been examined vide exhibit-32,

    and the P.S.I. Ajaysinh Hardaysinh Rajput, who has been

    examined vide exhibit-35, the prosecution has not been able

    to prove from the said evidence, the offence against the

    accused.

    8.9. Moreover, according to the complainant, about four

    months prior to the incident, Sitaben had a quarrel with her
    husband (the accused Rajubhai) and Surataben, who is the

    sister-in-law of the deceased. The accused Rajubhai used to

    harbour a false suspicion that his wife, Sitaben, had an illicit

    relationship with Natubhai. When Sitaben had come to her

    parental home about four months before the incident, she had

    informed her mother, elder uncle, and father about the same.

    She had stated that she did not wish to return to her

    matrimonial home; however, in order to prevent the marital

    life from being disrupted, when the parents of accused

    Rajubhai came to take Sitaben back, she was sent with them

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    to her matrimonial home.

    8.10. From the date of marriage until the conversation that

    took place four months prior to the incident, there is nothing

    on record to indicate that the deceased had ever complained

    either to the complainant or to her parental family about any

    form of harassment by the accused. If in fact the deceased

    had been subjected to such unbearable cruelty that she was

    unwilling to return, then unless and until some assurance or

    undertaking had been given from the matrimonial side that

    she would be treated properly and not subjected to any

    harassment, neither the complainant nor his family members

    would have chosen to send Sitaben back to her matrimonial

    home. On the one hand, the complainant states that the

    police had called him to come to the hospital; on the other
    hand, he states that he himself had gone to the police

    station, made inquiries there, and thereafter gone to the

    hospital. These versions of the sequence of events do not

    appear to be consistent and seem contradictory. He has

    stated that he had seen the dead body of the deceased;

    however, he has not clarified who informed him, when, and

    under what circumstances, that she had hanged herself and

    committed suicide. He does not state that he personally

    noticed any injuries on the body, nor does he mention having

    made any inquiry with anyone regarding the incident. He has

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    narrated the details of the quarrel and alleged harassment

    between his sister and the accused as having occurred four

    months prior to the incident. However, despite the deceased

    having thereafter resumed cohabitation with the accused,

    there is nothing on record to indicate that she was subjected

    to any form of harassment during the subsequent four-month

    period.

    8.11. It has come on record that the accused, the deceased,

    and Natubhai were working at a poultry farm; however, none

    of the other labourers, the owner, or the contractor of the

    said poultry farm have been examined by the police during

    the course of investigation. At the place where the deceased

    had been working for a considerable period along with other

    persons, not a single individual from that workplace has been
    brought before the Court to provide any direct or prima facie

    evidence regarding the alleged harassment or quarrel. The

    prosecution has based the allegation of harassment solely on

    the statement said to have been made by the deceased to

    her brother about four months prior to the incident. Apart

    from that, no independent or corroborative evidence regarding

    harassment, which could have been easily brought on record,

    has been produced. Therefore, upon overall appreciation of the

    evidence, it does not stand proved that the accused subjected

    the deceased to cruelty or that they instigated or abetted her

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    to take the extreme step of ending her life.

    8.12 At Exhibit 16, the evidence of the deceased’s mother,

    Saburiben, has been recorded. She has stated that her

    daughter committed suicide due to harassment by her

    husband; however, she has not clarified for what reasons, in

    what manner, or at what point of time such harassment was

    allegedly inflicted.

    8.13. At Exhibit 17, the evidence of Samusubhai has

    been recorded. Upon evaluation of his testimony, it appears

    that he has no personal knowledge regarding the allegations

    made in the present case. His evidence is purely hearsay in

    nature and does not advance the prosecution case.

    8.14. The prosecution has examined the police officer as

    Prosecution Witness No.5, namely DySP Rajesh Kumar

    Pathak, and his evidence has been recorded accordingly. In

    cross-examination, he has admitted that one Rameshbhai had

    informed him that a woman had hanged herself. He has

    further admitted that both the accused and Natubhai had

    gone to the spot, seen the dead body, and brought it down.

    Thus, Natubhai would be material witness to the incident,

    which fact is also acknowledged by the Investigating Officer.

    He has also admitted that the statements of the contractor

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    Rameshbhai, the accused’s other sister Kali, and Natubhai’s

    wife Ramilaben were not recorded during the course of

    investigation. Even though these important witnesses were

    available, their statements were not recorded, and therefore

    they could not be considered or relied upon as supporting

    witnesses.

    8.15. Vide exhibit 35, the evidence of PSI Rajput has been

    recorded. He has admitted that the accused were arrested

    before the final opinion regarding the cause of death was

    received. He further stated that the saree with which the

    deceased had hanged herself was not seized, and that he had

    not gone to Sudiya village where in-laws of deceased were

    residing.

    8.16. If the evidence of the Police Officers are taken into

    consideration, the prosecution has failed to prove the direct

    proximity i.e. live link between the accused action and the

    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

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    immediate suicide.

    8.17. Moreover, it has also come on record that the

    saree with which the deceased had hanged herself was also

    not recovered by the prosecution. The prosecution has also

    not made any investigation near the matrimonial home of the

    deceased.

    9.1 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’s 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.

    9.2 The prosecution has not proved that there was a

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    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

    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.

    9.3 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.

    9.4 Abetment, as understood in criminal jurisprudence,

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    is not a broad moral expression but a term of precise

    statutory meaning. Section 107 IPC delineates its contours:

    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.

    9.5 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.

    9.6 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

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    in question was likely to produce that consequence. Equally

    indispensable is the requirement of proximity. The law insists

    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.

    9.7 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.

    9.8 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

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    lies in instigating a person to do a thing or the intentional

    doing of that thing by an act or illegal omission. Instigation

    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

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    by a continued course of conduct should have created such

    circumstances that deceased was left with no other option,

    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

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    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

    alternative but to take the drastic step of committing 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

    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.

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    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 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

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    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 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.

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    It is further observed that High Court’s interference in such

    appeal in somewhat circumscribed and if the view taken by

    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, “substantial

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    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

    the Code of Criminal Procedure, 1973 no case is made out to

    interfere with the impugned judgment and order of acquittal.

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    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.

    Sd/
    (SANJEEV J.THAKER,J)
    URIL RANA

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