GOVT OF NCT OF DELHI Vs. BHAGVIR SINGH

JUDGEMENT

(1.) SINCE 14th April, 2015 was declared holiday, matter is taken up today.

(2.) APPELLANT has filed this appeal against the acquittal of respondent by the trial court for the offences under Sections 186/353/333 IPC. Trial court has disbelieved the complainant PW1 Shri K.L. Juneja in view of inherent discrepancies in his statement viz -a -viz the prosecution story, as set up in the charge sheet.

(3.) I have heard learned counsels for the parties and perused the record completely and do not find any perversity in the impugned order, inasmuch as the view taken by the trial court is a possible view. It is trite law that an order of acquittal cannot be interfered with by the appellate court since it feels that some other view is also possible. In order to ensure that the innocents are not punished, the Appellate Court should attach due weight to the lower courts' acquittal because the presumption of innocence is further strengthened by the acquittal of an accused. The Appellate Court should, therefore, reverse an acquittal only when it has "very substantial and compelling reason." Appellate Court will interfere with order of acquittal in case it is shown that the findings of the Trial court are perverse or suffer from manifest error resulting in miscarriage of justice. In case two views are possible on the evidence adduced before the Trial Court and the view taken by the Trial Court is a possible view, Appellate Court would refrain from interfering and substituting its own view against the possible view taken by the Trial Court.