The State Of Bihar vs Md.Akhtar @ Kari And Others on 27 June, 2008
(b) The earliest of the leading judgments in matters of appeal at the instance of the
State against acquittal was in the judgments of the Privy Council in the case of Sheo
Swarup & Ors Vs King Emperor, 1934 Privy Council 227, and in the case of Noor
Mohammad Vs Emperor, 1945 Privy Council 151. The Privy Council observed that in
such appeals, the High Court has full power to appraise all the evidences upon which
order of acquittal was founded. In the first case referred to above, the Privy Council
observed that if the judgment of trial court is perverse or based on distorted
conclusion, or where the original court has blundered, the appellate court can always
convert the judgment of acquittal into conviction.