Scope of appeal by High Court against acquittal by Trial Court:

Whether in the facts and circumstances of the case, the High Court is justified in interfering with the order of acquittal passed by the learned trial Court?

In the present case, the prosecution as well as the High Court considered the recovery of photographs; recovery of mobile phone belonging to PW7, recovery of the knife and rope at the instance of the accused and on alleged disclosure statements of the accused on 9.9.2010. The prosecution also relied upon the recovery of jeep in which the photographs of the accused were found. The prosecution also relied upon the disclosure statement of the accused Anwar Ali with respect to recovery of crates and for the aforesaid prosecution heavily relied upon the testimony ofPW5, PW6 and PW7. However, it is required to be noted that on appreciation of the entire evidence on record, the trial Court found material contradictions in the deposition of the witnesses of disclosure statements and the recovery of the knife and rope on 9.9.2010 and thereby did not believe the recovery of knife,rope, crates on the basis of the disclosure statements made by the accused and that too recovered on 9.9.2020.

However, the High Court without giving any cogent reasons has interfered with the findings of fact recorded by the learned trial Court solely by observing that those contradictions were minor contradictions and therefore the learned trial Court was not justified in acquitting the accused solely on the basis of such minor contradictions. However, on considering the entire evidence on record, we are in complete agreement with the view taken by the learned trial Court. The contradictions which came to be considered by the learned trial Court cannot be said to be minor contradictions. Continue reading “Scope of Appeal against acquittal” →