Narendra Jeet Kaur v. State Of Punjab And ANR
CRR-1587-2023 (O&M) 1
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CRR-1587-2023 (O&M) 2
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6.
Following the observations made by its Constitution Bench in M.G. Agarwal v. State of Maharashtra (1963) 2 SCR 405, the Supreme Court in Ghurey Lal v. State of UP (2008) 10 SCC 450 laid down the aforesaid principles :
"69. The following principles emerge from cases
1. The Appellate Court may review the evidence in appeals against acquittal under sections 378 and 386 of the Criminal Procedure Code, 1973. Its power of reviewing evidence is wide and the appellate court can re-appreciate the entire evidence on record. It can review the trial court's conclusion with respect to both facts and law.
2. The accused is presumed innocent until proven guilty. The accused possessed this presumption when he was before the trial court. The trial court's acquittal bolsters the presumption that he is innocent.
3. Due or proper weight and consideration must be given to the trial court's decision. This is especially true when a witness' credibility is at issue. It is not enough for the High Court to take a different view of the evidence. There must also be substantial and compelling reasons for holding that the trial court was wrong.
70. In light of the above, the High Court and other appellate courts should follow the well-settled principles crystallized by number of judgments if it is going to overrule or otherwise disturb the trial court's acquittal:
1. The appellate court may only overrule or otherwise disturb the trial court's acquittal if it has "very substantial and compelling reasons" for doing so.
A number of instances arise in which the appellate court would have "very substantial and compelling reasons" to discard the trial court's decision. "Very substantial and compelling reasons" exist when:
CRR-1587-2023 (O&M) 4 i. The trial court's conclusion with regard to the facts is palpably wrong;
ii. The trial court's decision was based on an erroneous view of law;
iii. The trial court's judgment is likely to result in "grave miscarriage of justice";
iv. The entire approach of the trial court in dealing with the evidence was patently illegal;
v. The trial court's judgment was manifestly unjust and unreasonable;
vi. The trial court has ignored the evidence or misread the material evidence or has ignored material documents like dying declarations/report of the ballistic expert, etc. vii. This list is intended to be illustrative, not exhaustive.
2. The Appellate Court must always give proper weight and consideration to the findings of the trial court.
3. If two reasonable views can be reached - one that leads to acquittal, the other to conviction-the High Courts/ Appellate Courts must rule in favour of the accused."
7.
Having perused the facts of the case as also the findings recorded by trial Court, this Court is of the considered opinion that in the case in hand, there is no infirmity or irregularity in the impugned order whereby trial Court has acquitted the respondent. The same being speaking, well reasoned and based upon correct appreciation of facts, applicable law & judicial precedents, needs no interference. As a corollary, the present revision petition stands dismissed.
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