In Bhupatbhai Bachubhai Chavda Vs. State of Gujarat,
AIR 2024 SC 1805, Hon'ble Supreme Court of India held that in
appeal, the first question that needs to be answered by the
Appellate Court is whether the view taken by the Trial Court was
a plausible view that could have been taken based on evidence on
record. Appellate Court can interfere with the order of acquittal
only if it is satisfied after reappreciating the evidence that the
only possible conclusion was that the guilt of the accused had
been established beyond a reasonable doubt. The Appellate Court
cannot overturn order of acquittal only on the ground that another
SUBHASH
view is possible. In other words, the judgment of acquittal must
KUMAR
MISHRA be found to be perverse. Unless the Appellate Court records such
Digitally signed bySUBHASH KUMARMISHRA
a finding, no interference can be made with the order of acquittal.
In Bhupatbhai Bachubhai Chavda Vs. State of Gujarat,
AIR 2024 SC 1805, Hon'ble Supreme Court of India held that in
appeal, the first question that needs to be answered by the
Appellate Court is whether the view taken by the Trial Court was
a plausible view that could have been taken based on evidence on
record. Appellate Court can interfere with the order of acquittal
only if it is satisfied after reappreciating the evidence that the
only possible conclusion was that the guilt of the accused had
been established beyond a reasonable doubt.