Criminal Law- Order of Acquittal can’t be Interfered with if Probable View was taken by Trial Court

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December 04, 2018

Case name: Mohd. Akhtar @ Kari & Ors. v. State of Bihar & Anr.

In these Appeals the Supreme Court was set to examine the correctness of judgment passed by the High Court, whereby the High Court reversed Trial Court’s order of acquittal and convicted the Appellants for offence of murder under Section 302 of IPC.

The Two-Judge Bench of the Supreme Court noted that though the High Court was aware of the well-settled principles of law in matters relating to appeals against acquittals, it failed to apply the same in their proper perspective.

The Apex Court further observed that interference with an order of acquittal is not permissible on the ground that a different view is possible and that if acquittal is justified on a probable view taken by the trial court, it should not be interfered with.

That the reasons given by the trial court for acquittal mainly pertain to the delay in lodging the FIR, untrustworthy eye witnesses, improbability of identification of the accused, non- examination of independent witnesses, previous enmity between the accused and the witnesses, non- production of important prosecution witnesses and improper investigation of the case.

Lastly the Supreme Court on thorough examination of the entire evidence on record and the judgment of the trial court held that judgment of acquittal by the trial court is justified which ought not to have been interfered with by the High Court.