THE STATE OF MAHARASHTRA Vs. ANANDA VEDU PAGAR

JUDGEMENT

(1.) THIS is an appeal preferred by the State against the judgment and order dated 20/8/1999 delivered by Special Judge, Nashik, thereby acquitting the respondent of the offence punishable under Section 161 of the Indian Penal Code and also for the offence punishable under Section 5(2) read with Section 5(1)(d) of Prevention of Corruption Act, 1947. Briefly stated, facts of the case are as under.:

(2.) I have heard learned A.P.P. for the appellant -State and learned Counsel for the respondent. I have carefully gone through the impugned judgment and order and also record of the case.

(3.) LEARNED Counsel for the respondent has submitted that in an appeal against acquittal, it is well settled law that finding of innocence of the accused recorded by the trial Court cannot be upset by the appellate Court just because two views are possible. He submits that unless it is shown that the view adopted by the trial Court is so illogical that it cannot be taken at all or that it is the result of non consideration of material evidence or consideration of some extraneous material, appellate Court cannot interfere with the findings recorded by the trial Court. He submits that such being not the case here, no fault with the impugned judgment and order could be found.