State Of Gujarat vs C.D. Chokshi on 23 December, 1999
5. It is well settled that even when the Court hears an acquittal appeal, the power of the Court hearing the acquittal report is very limited. It has also been settled that the Appellate Court hearing the acquittal appeal should be slow and reluctant to interfere with the acquittal judgment unless it is perverse and imminently opposed to the evidence on record. This has been laid down in case of State of Gujarat v. Mansukhbhai Chokshi, 1993(2) Guj LR 849. Therefore, when it is stated that a Court of Appeal hearing acquittal appeal should be slow, then it can be added that a Court hearing revision against the judgment and acquittal order of a lower Court has to be lower in exercise of powers, functions and jurisdiction. The . petitioner is also required to show that there was unreasonableness in the appreciation of evidence of the Trial Court as laid down in the case of State of Gujarat reported in the case of Ishwarlal Khumchand Shah, 1993(1) Guj CD 761. It is well settled that when two views are possible, as a matter of judicial caution, the High Court would refrain from interfering with the order of acquittal as the Trial Court had a chance of seeing the witness giving deposition from the witness box. It is also well settled that when the Appellate Court agrees with the logic of and reasoning of the Trial Court and confirm the same.