Sheo Swarup vs King-Emperor on 26 July, 1934
22. It is well settled that the High Court in appeal under Section 417 of the CrPC has full power to review at large the evidence on which the order of acquittal was founded and to reach the conclusion that upon the evidence the order of acquittal should be reversed. No limitation should be placed upon that power unless is be found expressly stated be in the Code, but in exercising the power conferred by the Code and before reaching its conclusion upon fact the High Court should give proper weight and consideration to such matters as (1) the views of the trial judge as to the credibility of the witnesses; (2) the presumption of innocence in favour of the accused, a presumption certainly not weakened by the fact that he has been acquitted at his trial; (3) the right of the accused to the benefit of any doubt; & (4) the allowness of an appellate court in disturbing a finding of fact arrived at by a judge who had the advantage of seeing the witnesses Sheo Swarup Ors. v. The King Emperor 61 IA 398 Satwant Singh and Ors. v. State of Rajasthan and Sohrab v. The State of Madhya Pradesh 1972 (3) SCR 751. We have been taken through the judgment of the High Court, and we find nothing in it which runs counter to the principles enunciated above. The judgment of the High Court in our opinion, calls for no interference. The appeal consequently fails and is dismissed.