State Of Gujarat vs Thakore Gandaji Jujarji on 16 July, 2026

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    Gujarat High Court

    State Of Gujarat vs Thakore Gandaji Jujarji on 16 July, 2026

                                                                                                                    NEUTRAL CITATION
    
    
    
    
                                R/CR.A/500/2012                                    JUDGMENT DATED: 16/07/2026
    
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                                        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
    
    
                                                   R/CRIMINAL APPEAL NO. 500 of 2012
    
    
                           FOR APPROVAL AND SIGNATURE:
    
    
                           HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Sd/-
    
                           ==========================================================
    
                                       Approved for Reporting                     Yes           No
                                                                                                No
                           ==========================================================
                                                            STATE OF GUJARAT
                                                                  Versus
                                                       THAKORE GANDAJI JUJARJI & ANR.
                           ==========================================================
                           Appearance:
                           MS JIRGA JHAVERI ADDITIONAL PUBLIC PROSECUTOR for the
                           Appellant(s) No. 1
                           RULE SERVED for the Opponent(s)/Respondent(s) No. 1,2
                           MR RUTURAJ NANAVATI for the Opponent(s)/Respondent(s) No. 1,2
                           ==========================================================
    
                                CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
    
                                                              Date : 16/07/2026
    
                                                                 JUDGMENT
    

    1. The appellant-original complainant has preferred this
    appeal under Section 378 of the Code of Criminal Procedure,
    1973 against the judgment and order dated 27.01.2012
    passed by the learned 3rd Additional Sessions Judge, Mehsana,
    camp at Visnagar (hereinafter be referred to as “the Appellate
    Court”) in Criminal Appeal No. 123 of 2011 whereby the
    Appellate Court has quashed and set aside the order dated
    30.09.2011 of conviction passed by learned Judicial
    Magistrate First Class, Vadnagar (hereinafter be referred tto

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    has the “Trial Court”) and acquitted the respondents accused
    from the offence punishable under Sections 324, 323, 506(2),
    114 of Indian Penal Code (hereinafter be referred to as the
    IPC“) r/w the provision of Section 135 of the Bombay Police
    Act.

    2. The facts giving rise to present appeal are that the
    complainant, Rahimbhai Savdibhai, was residing with his
    family and was engaged in agriculture. He had two sons and
    one daughter. The complainant had sold a buffalo to accused
    No.1, Gandaji Thakore, a resident of Limbdi, for a
    consideration of ₹9,751/-. Accused No.1 assured the
    complainant that the amount would be paid within 15 days.
    However, despite repeated demands made by the complainant
    on 4-5 occasions, the accused failed to make the payment.

    2.1 Consequently, on the date of the incident, the complainant
    and his son went to the house of accused No.1 to demand the
    outstanding amount. The accused became enraged and
    assaulted the complainant’s son, stating that no payment
    would be made. When the complainant intervened to rescue
    his son, accused No.2, the son of accused No.1, inflicted an
    axe blow on the complainant’s head, causing a serious
    bleeding injury. The complainant was immediately shifted to
    the hospital for treatment. Thereafter, a complaint was
    lodged, which came to be registered as I-C.R. No.4/2002 with
    Vadnagar Police Station, Mehsana, for the offences
    punishable under Sections 323, 324, 506(2) and 114 of the
    IPC and Section 135 of the Bombay Police Act.

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    2.2 Upon completion of the investigation, a charge-sheet was
    filed against the accused before the learned Judicial
    Magistrate First Class, Mehsana. Since the offences were
    triable exclusively by the Court of Sessions, the case was
    committed to the Sessions Court under Section 209 of the
    Code of Criminal Procedure.

    2.3 Thereafter, charges were framed against the accused at
    Exh.10 for the offences punishable under Sections 323, 324,
    506(2) and 114 of the IPC and Section 135 of the Bombay
    Police Act. The statement of the respondent-accused was
    recorded under Section 313 Cr. PC. The accused pleaded not
    guilty to the charges and claimed to be tried.

    2.4 To prove its case the prosecution has examined 7
    witnesses and produced 5 documentary evidence which read
    as under:-

    Oral Evidence (Witnesses)
    Sr. No. Oral Evidence (Witnesses) Exhibit No.
    1 Rahimbhai Savdibhai Momin (Complainant) Exh. 40
    2 Gulambhai Rahimbhai Momin Exh. 42
    3 Mohammadbhai Jalalbhai Momin Exh. 43
    4 Ishwarji Javanji Dabhi Exh. 45 & 51
    5 Gagaji Hiraji Thakor Exh. 48
    6 Patel Sureshkumar Somabhai Exh. 59
    7 Zala Rajuji Hamirji Exh. 64
    Documentary Evidence
    Sr. No. Documentary Evidence
    1 Complaint (FIR)
    2 Panchnama of the Place of Incident
    3 Panchnama of recovery of Muddamal
    4 Injury Certificate
    5 Depute order

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    2.5 Upon appreciation of the evidence, the learned Trial Court
    by judgment and order dated 30.09.2011 passed in Criminal
    Case No.214 of 2002 below Exh.81, convicted the respondent-

    accused for the above mentioned offences.

    2.6 Being aggrieved and dissatisfied with the judgment and
    order of the Trial Court, the accused filed Criminal Appeal
    before the Appellate Court being Criminal Appeal No.123 of
    2011 whereby after appreciation of the evidence and after
    considering relevant facts of the case, the learned Appellate
    Court quashed and set aside order dated 30.09.2011 passed
    by the learned Trial Court and acquitted the accused for the
    above mentioned offence vide order dated 27.01.2012 in
    Criminal Appeal No.123 of 2011.

    2.7. Being aggrieved and dissatisfied with the judgment and
    order the Appellate Court, the appellant State has preferred
    present appeal.

    3. Heard Ms. Jirga Jhaveri, learned APP for the appellant
    and Mr. Ruturaj Nanavati, learned counsel for the
    respondents accused. It is required to be noted herein that
    vide order dated 16.06.2026, Mr. Ruturaj Nanavati, learned
    counsel, was appointed by this Court as amicus curiae to
    assist the Court in adjudicating the matter on behalf of the
    respondent-accused. The Court appreciates the valuable
    services rendered by Mr. Ruturaj Nanavati, learned counsel in
    this regard.

    4. Learned APP for the appellant has submitted that the order
    of conviction passed by the learned Trial Court is just, legal

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    and proper, and that the learned Trial Court has rightly
    convicted the present respondents for the offence punishable
    under Section 324 read with Section 104 of the IPC. It is
    further submitted that, without properly appreciating the
    facts of the case and the evidence adduced by the
    prosecution, the learned Appellate Court has erroneously
    reversed the findings recorded by the learned Trial Court. It
    is, therefore, contended that the impugned judgment and
    order passed by the learned Appellate Court is illegal and
    unjust, and deserves to be quashed and set aside, and that the
    order of conviction passed by the learned Trial Court deserves
    to be confirmed.

    4.1 Learned APP for the appellant has submitted that the
    learned Appellate Court erred in holding that the prosecution
    failed to prove the offence under Section 135 of the Bombay
    Police Act, despite evidence showing that the accused
    possessed prohibited weapons in violation of the notified
    order. The finding is contrary to the evidence on record.

    4.2 Learned APP for the appellant has submitted that the
    learned Appellate Court failed to properly appreciate the
    evidence of PW-1, complainant Rahimbhai Savdibhai Momin
    (Exh.40), and the FIR (Exh.41), both of which fully support the
    prosecution case.

    4.3 Learned APP for the appellant has submitted that the
    learned Appellate Court failed to appreciate the cogent and
    reliable evidence of PW-2, Gulambhai Rahimbhai Momin, an
    eyewitness, who fully corroborated the prosecution case. She

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    has submitted that the learned Trial Court ignored the
    medical evidence of PW-6, Dr. Sureshkumar Somabhai
    (Exh.59), and the Injury Certificate (Exh.60), which
    corroborate the prosecution version.

    4.4 Learned APP for the appellant has submitted that the
    learned Appellate Court failed to properly appreciate the
    evidence of PW-7 and the panchnamas (Exhs.50 & 52), which
    support the prosecution case.

    4.5 Learned APP for the appellant has submitted that the
    evidence of PW-1, PW-2, the medical evidence, and the
    documentary exhibits clearly establish the prosecution case.
    The learned Appellate Court erred in discarding this reliable
    evidence without valid reasons. She has submitted that merely
    because some witnesses turned hostile, the prosecution case
    could not have been discarded and their evidence ought to
    have been considered along with the evidence of the injured
    eyewitnesses and the Investigating Officer.

    4.6 Learned APP for the appellant has submitted that the
    prosecution led reliable oral and documentary evidence
    through eyewitnesses, injured witnesses, medical witnesses,
    and official witnesses however, the learned Appellate Court
    failed to appreciate the evidence in its proper perspective.

    4.7 Learned APP for the appellant has submitted that it is well
    settled that conviction can be based on the testimony of a
    single trustworthy witness. The learned Appellate Court erred
    in disbelieving reliable evidence and acquitting the accused.

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    4.8 Learned APP for the appellant has submitted that the
    learned Trial Court failed to exercise the powers vested in law
    to ascertain the truth and prevent miscarriage of justice. She
    has submitted that he impugned judgment of acquittal passed
    by the Appellate Court is therefore illegal, erroneous, and
    deserves to be quashed and set aside and the order passed by
    the Trial Court deserves to be confirmed.

    5. On the other hand learned advocate for the respondents
    accused has supported the judgment and order of acquittal
    passed by the learned Appellate Court. The learned advocate
    appearing for the respondents-accused submitted that the
    impugned judgment and order of acquittal passed by the
    learned Appellate Court is just, legal, and proper and does not
    call for any interference by this Court. It was submitted that
    the learned Appellate Court has rightly appreciated the oral
    as well as documentary evidence available on record and has
    recorded findings based on proper appreciation of facts and
    settled principles of law.

    5.1 Learned Counsel for the respondents has submitted that
    the prosecution has failed to establish its case beyond
    reasonable doubt. He has submitted that the findings
    recorded by the learned Appellate Court are based on cogent
    reasons and are neither arbitrary nor contrary to law.

    5.2 Learned Counsel for the respondents has submitted that
    in an appeal against acquittal, unless the findings recorded by
    the learned Appellate Court are perverse, illegal, or wholly
    unsupported by evidence, interference by this Court is

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    unwarranted. In the present case, no such infirmity, illegality,
    or perversity is demonstrated in the impugned judgment and
    order. Therefore, it was urged that the appeal deserves to be
    dismissed and the impugned judgment and order of acquittal
    deserves to be confirmed.

    6. I have perused the relevant documents and material placed
    on record. I have also gone through the judgment and order
    passed by the trial Court.

    7. On perusal of the impugned judgment and order of
    acquittal passed by the learned Trial Court, and upon close
    examination of the depositions of the witnesses recorded by
    the learned Trial Court, the issues that arise for determination
    by this Court are as below:

    While reversing the findings of the learned Trial Court
    the learned Appellate Court has committed any error
    while appreciating the evidence recorded by the learned
    Trial Court?

    Whether the learned Appellate Court has committed any
    illegality or any perversity while passing the impugned
    judgment and order of acquittal?

    8. To examine the matter, it is necessary first to consider the
    facts of the case. PW-1, the original complainant, has stated
    before the Investigating Officer that he had sold one buffalo to
    respondent No. 1 for a sum of Rs. 9,751/-. It was agreed that
    respondent No. 1 would pay the purchase price of the buffalo
    within 15 days. However, despite repeated demands by the
    complainant for payment of the outstanding amount,
    respondent No. 1 failed to make the payment.

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    9. Consequently, on the day of the incident, the complainant,
    accompanied by his son, visited Village Limbdi, Taluka
    Kheralu, to demand the payment. During the ensuing
    altercation, respondent No. 1 allegedly assaulted the
    complainant’s son. When the complainant attempted to
    intervene, respondent No. 2 allegedly struck the complainant
    on the left side of his head with the reverse side of an axe. As
    a result of the blow, the complainant became unconscious.
    Thereafter, his son, along with other villagers, took the
    injured complainant to the Kheralu Referral Hospital, where
    he was treated by PW-6, Dr. Sureshbhai Somabhai Patel
    (Exhibit 59). Subsequently, the complainant was discharged
    from the said hospital and was thereafter referred to the
    Mehsana Civil Hospital, where he was admitted as an indoor
    patient and, after receiving treatment, was discharged.

    10. Now, considering the case of the informant vis-à-vis the
    evidence of his son, namely Gulambhai Rahimbhai Momin
    (PW-2, Exhibit 42), read with the evidence of PW-6, Dr.
    Sureshbhai Somabhai Patel (Exhibit 59), the story put forward
    by the prosecution is completely demolished. In his deposition
    at Exhibit 40, the informant (PW-1) stated in his examination-
    in-chief that respondent No. 2 had struck him on the left side
    of his head with the reverse side of an axe, as a result of
    which he became unconscious. He further deposed that he
    was immediately taken to the Kheralu Referral Hospital and
    was thereafter referred to the Mehsana Civil Hospital for
    further treatment. However, a perusal of the deposition of the
    Investigating Officer reveals that no documentary evidence

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    regarding the treatment allegedly received by the
    complainant at the Mehsana Civil Hospital was collected
    during the course of the investigation, nor was any doctor
    from the Mehsana Civil Hospital examined by the prosecution.
    The informant further stated in his deposition that he
    regained consciousness approximately three days after the
    date of the incident and thereafter lodged the First
    Information Report (Exhibit 41) on 12.01.2002. However,
    when the evidence of his son, Gulambhai Rahimbhai Momin
    (PW-2, Exhibit 42), is examined, it is evident that he has
    materially exaggerated the prosecution case by stating that
    his father regained consciousness only after about seven to
    eight days and remained unconscious throughout his stay at
    the Mehsana Civil Hospital. This version is completely
    inconsistent with the medical evidence of PW-6, Dr.
    Sureshbhai Somabhai Patel, whose deposition is contrary to
    the aforesaid assertions.

    11. On the contrary, PW-6, Dr. Sureshbhai Somabhai Patel,
    has deposed that the complainant was conscious at the time of
    examination and that no serious injury was noticed on the
    head of PW-1. The prosecution has also alleged that the
    complainant was subsequently referred to the Mehsana Civil
    Hospital, where he remained admitted as an indoor patient. If
    the complainant had in fact remained admitted as an indoor
    patient even for a day or two, the medical records pertaining
    to such treatment ought to have been collected by the
    Investigating Officer and produced before the Court in
    support of the prosecution case. The prosecution could also

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    have examined the doctor who treated the complainant at the
    Mehsana Civil Hospital. However, no documentary evidence
    whatsoever from the Mehsana Civil Hospital has been
    produced before the Court, nor has any doctor from the said
    hospital been examined. This omission assumes considerable
    significance and creates a serious lacuna in the prosecution
    case. PW-2, Gulambhai Rahimbhai Momin, has further stated
    that he and his family are residents of Kheralu and that they
    do not ordinarily visit Village Limbdi. Consequently, he was
    not acquainted with any person residing in Village Limbdi.
    Despite this, the Investigating Officer did not conduct any test
    identification parade during the course of the investigation.
    On the contrary, PW-2 admitted in his cross-examination that
    he did not know the respondent-accused prior to the incident.
    He further stated that, since he had been frequently attending
    the Court proceedings along with his father for the purpose of
    the trial, he had seen the respondents in Court and, on that
    basis, identified them as the accused. Such an identification
    made for the first time in Court, without any prior test
    identification parade, loses much of its evidentiary value.

    12. Even if the deposition of the Investigating Officer, PW-7, is
    carefully perused, it becomes evident that the prosecution
    case suffers from serious infirmities. PW-7 deposed that, at
    the relevant time, he was posted at the Sipor Outpost Police
    Station under Vadnagar Police Station. He stated that a
    written complaint had been received by the concerned Police
    Station Officer (PSO), on the basis of which C.R. No. I-4 of
    2002 came to be registered for the offences punishable under

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    Sections 324, 323, 506(2) read with Section 114 of the IPC
    and Section 135 of the Bombay Police Act. Pursuant to the
    orders of the PSO, he took over the investigation of the case.

    13. The Investigating Officer further deposed that he had
    received the medical certificate issued by the Kheralu Referral
    Hospital. However, he remained completely silent regarding
    the treatment allegedly received by the injured complainant at
    the Mehsana Civil Hospital. He neither collected any medical
    records relating to the treatment of PW-1 at the Mehsana Civil
    Hospital nor recorded the statement of any doctor or other
    witness attached to the said hospital. This omission assumes
    significance, particularly when the prosecution case is that
    the complainant remained admitted there as an indoor
    patient.

    14. In his cross-examination, PW-7 candidly admitted that he
    had not recorded the statements of any independent
    witnesses from Village Limbdi, where the alleged incident had
    taken place. According to the prosecution witnesses
    themselves, several persons had gathered at the place of
    occurrence and had attempted to intervene during the
    incident. Despite the availability of such independent
    witnesses, the Investigating Officer failed to record the
    statement of a single resident of Village Limbdi. This serious
    lapse in the investigation lends considerable support to the
    defence contention that the prosecution case is a concocted
    one.

    15. Despite these glaring lacunae and shortcomings in the

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    prosecution evidence, the learned Trial Court proceeded to
    convict the present respondents. Aggrieved by the said
    judgment of conviction, the respondents-accused preferred
    Criminal Appeal No. 123 of 2011 before the learned Appellate
    Court at Mehsana. The appellate court, upon a proper re-
    appreciation of the oral and documentary evidence adduced
    before the learned Trial Court, took note of these material
    loopholes and deficiencies in the prosecution case and
    discussed them in detail from paragraph 7 onwards of its
    judgment.

    16. The appellate court further observed that, although the
    alleged incident had taken place within the jurisdiction of
    Kheralu and the prosecution witnesses were also residents of
    Kheralu, the offence came to be registered at Vadnagar. The
    prosecution failed to offer any explanation as to why the FIR
    was registered at Vadnagar instead of the police station
    having territorial jurisdiction over the place of occurrence,
    namely Kheralu. No satisfactory explanation was forthcoming
    from the prosecution, nor did the learned Trial Court address
    this aspect while recording the order of conviction.

    17. The appellate court further observed in paragraph 10 of
    its judgment that it was the specific case of the informant that
    respondent No. 2 had inflicted a blow with the reverse side of
    an axe on the left side of his head. However, PW-6, Dr.
    Sureshbhai Somabhai Patel, categorically deposed that the
    injury found on the complainant’s head was not possible by
    the reverse side of an axe. Despite this clear and material
    medical evidence, the learned Trial Court failed to appreciate

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    the inconsistency between the ocular and medical evidence
    and nevertheless proceeded to convict the respondents.
    Taking into consideration this vital aspect, along with the
    other material deficiencies in the prosecution case, the
    appellate court rightly reversed the findings recorded by the
    learned Trial Court.

    18. The appellate court also took note of another material
    contradiction in the prosecution evidence. The informant (PW-

    1) stated in his deposition that he had remained unconscious
    for about three days after the incident. However, PW-2, the
    son of the informant, materially exaggerated the prosecution
    case by deposing that his father remained unconscious for six
    to seven days and that he himself had lodged the First
    Information Report. This version is completely contrary to the
    documentary evidence on record. A perusal of the FIR (Exhibit

    41) clearly shows that it was lodged by the informant himself
    and not by PW-2. This constitutes a significant contradiction
    affecting the credibility of the prosecution witnesses.

    19. These material discrepancies, contradictions, and
    omissions were clearly borne out from the evidence led before
    the learned Trial Court. However, the learned Trial Court
    failed to appreciate the evidence in its proper perspective and
    erroneously recorded the conviction of the present
    respondents. The learned appellate court, upon a thorough re-
    appreciation of the evidence on record, rightly interfered with
    the judgment of conviction and acquitted the respondents. I
    do not find any illegality, irregularity, perversity, or manifest
    error in the findings recorded by the appellate court

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    warranting interference in the present proceedings.
    Accordingly, I am of the considered opinion that the judgment
    and order passed by the learned appellate court deserve to be
    confirmed.

    20. Further, on perusal of the record of the appeal, it
    transpires that the respondent-accused established 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.

    21. 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
    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.

    22. Further, if two reasonable conclusions are possible on
    the basis of the evidence on record, the Appellate Court

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    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.

    23. 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

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    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.

    24. 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.

    (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.

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    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.”

    25. 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
    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.

    26. 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

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    doubt. Therefore, the impugned judgment and order of the
    trial Court is sustainable and the present appeal is liable to be
    dismissed.

    27. 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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