MD. ABDUL MANNAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal has been preferred against the Judgment and Order dtd. 6/2/2014 in connection with Sessions Case No. 69(N)/2011 passed by learned Additional Sessions Judge, Hojai acquitting the respondent Nos. 2 to 10 by showing the ground that the prosecution has failed to prove the case against them beyond all reasonable doubts.

(2.) While deciding the appeal, we are guided by the principle laid down by Hon'ble Apex Court from time to time.

(3.) "it is the duty of an appellate court to look into the evidence adduced in the case and arrive at an independant conclusion as to whether the said evidence can be relied upon or not and even if it can be relied upon, then whether the prosecution can be said to have been proved beyond reasonable doubt on the said evidence. The credibility of a witness has to be adjudged by the appellate court in drawing inference from proved and admitted facts. It must be remembered that the appellate court, like the trial court, has to be satisfied affirmatively that the prosecution case is substantially true and the guilt of the accused has been proved beyond all reasonable doubt as the presumption of innocence with which the accused starts, continues right through until he is held guilty by the final court of appeal and that presumption is neither strengthened by an acquittal nor weakened by a conviction in the trial court."