STATE OF ASSAM Vs. RAM CHANDRA ROY

JUDGEMENT

(1.) THIS appeal by the State is directed against the Judgment dated 28.02.2003, passed by the learned Sessions Judge, Morigaon in Criminal Appeal No. 31 of 2003, whereby the learned Sessions Judge has reversed the judgment of conviction passed by the learned CJM, Morigaon, in GR Case No. 157 of 1997. By the said judgment, the learned CJM had convicted the respondent/ accused under Sections 258 and 259 of the Indian Penal Code (`IPC', in short) and sentenced him to undergo RI for 3 1/2 years on each count with fine of Rs. 3,000/-. The accused was to undergo further RI for 2 (two) months on each count for non-payment of fine.

(2.) HEARD Sri B B Gogoi learned Additional Public Prosecutor for the State of Assam. Also heard Sri M Haloi, learned counsel for the respondent. I have also gone through the impugned Judgments and the evidence proffered by the prosecution in the trial Court.

(3.) APPARENTLY, there is no concurrent finding of acquittal. It is true that the High Court should be cautious in interfering with an order of acquittal. In the case of State of Madhya Pradesh ?vs- Ramesh; (2011) 4 SCC 486, the Hon'ble Supreme Court has held that a presumption of innocence is available to an accused who has been acquitted by the Courts below. However, in the case A Shankar ?Vs- State of Karnataka; (2011) 6 SCC 279, the Hon'ble Supreme Court has further added that under exceptional circumstances the Judgment of acquittal can be reversed if the findings so recorded by the Court below are found to be perverse and the conclusions of the Courts below are contrary to the evidence on record or its entire approach in dealing with the evidence is found to be patently illegal, leading to miscarriage of justice.