CHAMPA PANDIT Vs. MANTU PATI

JUDGEMENT

(1.) This is an appeal to challenge and set aside the judgment and order of acquittal dated January 25, 2011, passed by Judicial Magistrate, 3rd Court, Tamluk at Purba Medinipore, in C. R. Case No. 87 of 2006. The respondents here/accused persons were charged for offences under sec. 323 IPC and two amongst them were also charged for an offence under sec. 354 IPC.

(2.) In this appeal, this Court shall be guided by the principles that, the presumption of innocence in favour of the accused has been fortified by his acquittal and if the view adopted by the trial Court is a reasonable one and the conclusion reached by it had its grounds well settled on the materials on record, the order of acquittal may not be interfered with. Though there is no absolute restriction in law to review and relook the entire evidence on which the order of acquittal is founded, an interference by this appeal Court would be warranted only on the finding that the trial Court's decision is based on erroneous views and against the settled position of law.

(3.) It would be beneficial to mention the findings of the Supreme Court in the case of State of Rajasthan versus Shera Ram reported in (2012) 1 SCC 602: