54. In any event the High Court entertained an
appeal treating to be an appeal against acquittal,
it was in fact exercising the revisional
jurisdiction. Even while exercising an appellate
power against a judgment of acquittal, the High
Court should have borne in mind the well-settled
principles of law that where two views are
possible, the appellate court should not interfere
with the finding of acquittal recorded by the
court below.
[See also Mahadeo Laxman Sarane & Anr. v. State of Maharashtra,
2007 (7) SCALE 137]