STATE Vs. DEWAN SINGH

JUDGEMENT

(1.) THE appeal has reached for hearing today and since none appears for the respondent, we had appointed Ms.Savita Rao, Advocate who is present in Court today as the Amicus Curiae and since the paper book consists of only 30 pages, 12 out of which are the deposition of witnesses recorded at the trial and 7 are the exhibited documents, we had handed over the paper book to learned Amicus Curiae in the forenoon with a request that if learned counsel could prepare herself, arguments could be heard in the post-lunch session.

(2.) FEE of learned counsel is fixed at Rs. 5,500/-, to be paid by the Delhi High Court Legal Services Committee.

(3.) IT is settled law that pertaining to an order of acquittal, if the Appellate Court finds that the view taken by the learned Trial Judge is a plausible view, merely because another view is equally possible would not be a grant to interfere with an order of acquittal. Only if it is found that material evidence or circumstance has been ignored by the learned Trial Judge or it is found that a wrong principle of law has been applied to draw inferences or if it is found that irrelevant material or irrelevant circumstances have been considered by the learned Trial Judge, alone then can the Appellate Court interfere.