"14.2. When can the findings of fact recorded by a court be held to be perverse has been dealt with and considered in paragraph 20 which reads as under: [Babu v. State of Kerala2]:
"It has been laid down by this Court that it is open to the High Court on an appeal against an order of acquittal to review the entire evidence and to come to its own conclusion, of course, keeping in view the well- established rule that the presumption of innocence of the accused is not weakened but strengthened by the judgment of acquittal passed by the trial court which had the advantage of observing the demeanour of witnesses whose evidence have been recorded in its presence.
In Chandrappa v. State of Karnataka4, Supreme Court has laid down the general principles regarding the powers of the appellate Court while dealing with an appeal against an order of acquittal. Para 42 of the judgment which is relevant reads as under:
In the said judgment, distinction from that of "possible view" to "erroneous view" or "wrong view" is explained. In clear terms, this Court has held that if the view taken by the trial court is a "possible view", the High Court not to reverse the acquittal to that of the conviction."
In the case of Sardul Singh v. State of Punjab8, Hon'ble Supreme Court has held that "ocular evidence will prevail over medical evidence when credibility of eye witnesses is established beyond doubt."