STATE OF GUJARAT Vs. CHAUDHRI PATEL BECHAR PUNJAJI

JUDGEMENT

(1.) The learned trial judge was considerably impressed with the contradictions and omissions which were brought out in the course of the cross-examination of the different prosecution witnesses and he held that in the light of those contradictions and omissions it was not possible for him to rely upon the statement of any of the prosecution witnesses and he therefore came to the conclusion that the prosecution had failed to establish its case against any of the accused persons; and the trial before the learned Sessions Judge ended as stated above.

(2.) We are aware that in the light of the judgment of the Supreme Court in the case of . in an appeal against an order of an acquittal the High Court has full powers to review at large the evidence upon which the order of acquittal was founded and to reach the conclusion that upon that evidence the order of acquittal should be reversed. No limitation according to the Supreme Court should be placed upon that power unless it be found expressly stated in the Code. But in exercising the power conferred by the Code and before reaching its conclusions upon facts she High Court should and will always give proper weight and consideration to such matters as (1) the views of the trial Judge as to the credibility of the witness; (2) the presumption of innocence in favour of the accused a presumption certainly not weakened by the fact that he has been acquitted at his trial; (3) the right of the accused to the benefit of any doubt; and (4) the slowness of an appellate Court in disturbing a finding of fact arrived at by a judge who had the advantage of seeing the witnesses.

(3.) In this case with respect to the learned trial Judge we find that his judgment suffers from certain grave infirmities. In para 15 of his judgment while discussing the contradictions and omissions from the statements of different prosecution witnesses the learned trial Judge has observed as follows:-