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State Of J&K vs Romesh Kumar on 10 March, 2021 cites

Ganesh Bhavan Patel & Anr vs State Of Maharashtra on 18 October, 1978

"13. The principles relating to interference by the High Court in appeals against acquittal are well settled. While the High Court can review the entire evidence and reach its own conclusions, it will not interfere with the acquittal by the trial court unless there are strong reasons based on evidence which can dislodge the findings arrived at by the trial court, which were the basis for the acquittal. The High Court has to give due importance to the conclusions of the trial court, if they had been arrived at after proper appreciation of the evidence. The High Court will interfere in appeals against acquittals, only where the trial court makes wrong assumptions of material facts or fails to appreciate the evidence properly. If two views are reasonably possible from the evidence on record, one favouring the accused and one against the accused, the High Court is not expected to reverse the acquittal merely because it would have taken the view against the accused had it tried the case. The very fact that two views are possible makes it clear that the prosecution has not proved the guilt of the accused beyond reasonable doubt and consequently the accused is entitled to benefit of doubt (vide Ganesh Bhavan Patel v. State of Maharashtra[(1978) 4 SCC 371 : 1979 SCC (Cri) 1], Babu v. State of U.P. [(1983) 2 SCC 21: 1983 SCC (Cri) 332], Awadhesh v. State of M.P. [(1988) 2 SCC 557: 1988 SCC (Cri) 361], Thanedar Singh v. State of M.P. [(2002) 1 SCC 487: 2002 SCC (Cri) 153] and State of Rajasthan v. Raja Ram [(2003) 8 SCC 180 : 2003 SCC (Cri) 1965]."
Supreme Court of India Cites 6 - Cited by 312 - R S Sarkaria - Full Document
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