Gujarat High Court
State Of Gujarat vs Sonalben W/O.Shailendrasinh Amarsinh ... on 18 April, 2026
NEUTRAL CITATION
R/CR.A/907/2003 JUDGMENT DATED: 18/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL NO. 907 of 2003
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE NIRAL R. MEHTA Sd/-
and
HONOURABLE MR. JUSTICE DIVYESH A. JOSHI Sd/-
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Approved for Reporting Yes No
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STATE OF GUJARAT
Versus
SONALBEN W/O.SHAILENDRASINH AMARSINH RATHOD & ANR.
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Appearance:
MR. TIRTHRAJ PANDYA, LD.ADDL. PUBLIC PROSECUTOR for the
Appellant(s) No. 1
DR. HARDIK K RAVAL(6366) for the Opponent(s)/Respondent(s) No. 2
NOTICE SERVED for the Opponent(s)/Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIRAL R. MEHTA
and
HONOURABLE MR. JUSTICE DIVYESH A. JOSHI
Date : 18/04/2026
ORAL JUDGMENT
(PER : HONOURABLE MR. JUSTICE DIVYESH A. JOSHI)
1. This is an appeal at the instance of the State of Gujarat under Section 378(1)(3) of the Criminal Procedure Code, 1973 (for short "the Code") against the judgment and order of acquittal dated 30.04.2003 passed by the learned Additional Sessions Judge, Gandhinagar in Sessions Case No.08 of 2002, whereby the learned trial judge acquitted the respondent- accused of the charges for the offence punishable under Sections 307, 504, 323 and 114 of the Indian Penal Code, 1860 Page 1 of 20 Uploaded by ABDULVAHID A SHAIKH(HC00955) on Wed Apr 29 2026 Downloaded on : Sat May 02 02:36:42 IST 2026 NEUTRAL CITATION R/CR.A/907/2003 JUDGMENT DATED: 18/04/2026 undefined (for short "the IPC").
2. CASE OF THE PROSECUTION:-
2.1 Sans unnecessary details, the prosecution case is that the complainant, namely, Shailendrasinh along with his wife, i.e. the accused No.1 and two children were residing in servant quarters of Bungalow No.22, Sector-19, Gandhingar. The complainant was serving as a watchman at Akshardham. The wife of the complainant, namely, Sonaliben viz. the accused No.1 was doing the household work in Bungalow No.22 and the accused No.2 was the driver of the owner of the Bungalow No.22 and was residing near another servant quarter. It is further the case of the prosecution that the accused No.2 used to come to the house of the complainant and talk with his wife, i.e. the accused No.1, which created doubt in the mind of the complainant about the accused No.2 being of a bad character.
Therefore, the complainant asked the accused No.1 not to talk with the accused No.2, whereupon the accused No.1 replied that she was not having any such relation with the accused No.2. However, the accused No.2 was coming to the house of the complainant now and then, and the accused No.1 also used to talk to him, and therefore, the complainant doubted the character of the accused No.1. It is further the case of the prosecution that on 15.08.2001, the complainant was having night shift, i.e. from 1:00 a.m. to 9:00 a.m. However, the complainant informed his wife at 5:00 p.m. in the evening that he is going to his service. Thereafter, he went to Akshardham, took the dinner at about 7:00 p.m. and returned back to home at about 10:00 p.m. from Akshardham. The complainant hidden himself behind the bushes grown in the surrounding of Page 2 of 20 Uploaded by ABDULVAHID A SHAIKH(HC00955) on Wed Apr 29 2026 Downloaded on : Sat May 02 02:36:42 IST 2026 NEUTRAL CITATION R/CR.A/907/2003 JUDGMENT DATED: 18/04/2026 undefined bungalow to keep a watch upon his wife. That, at around 10:30 p.m., the accused No.2 came to his quarter and switched on the light. On coming to know that the accused No.2 has come to his house, the accused No.1 changed her cloths and went into the bungalow for verifying whether the complainant has come back or not, and after making sure that the complainant did not come back, she closed the door of her house and went to the quarter of accused No.2. Thereafter, the complainant followed his wife, however, on hearing some noise, the accused No.2 told the accused No.1 that someone has come. Therefore, the accused No.1 got frightened and came back to her house where the complainant slapped her and asked as to why she went to the quarter of accused No.2. it is further the case of the prosecution that on 16.01.2008, the wife of the owner of the bungalow asked the complainant to call the driver Sandip, i.e. the accused No.2. However, the accused No.2 was not found and the complainant informed about the same to the wife of the owner of the bungalow. That, at around 8:00 a.m., the accused No.2 Sandip went outside and returned at around 2:45 p.m. The accused No.2 came to the quarter of the complainant and the complainant rebuked the accused No.2 as to why he keeps illicit relationship with his wife, upon which, the accused No.2 got enraged and started giving foul abuses to the complainant, and there was a scuffle between the accused No.2 and the complainant. It is further the case of the prosecution that at that time, with the help of accused No.1, the accused No.2 felled the complainant on the ground, and thereafter, the accused No.2 caught hold of the complainant and accused No.1 brought the acid bottle from the bathroom Page 3 of 20 Uploaded by ABDULVAHID A SHAIKH(HC00955) on Wed Apr 29 2026 Downloaded on : Sat May 02 02:36:42 IST 2026 NEUTRAL CITATION R/CR.A/907/2003 JUDGMENT DATED: 18/04/2026 undefined and poured the same in the mouth of the complainant. Thereafter, somehow, the complainant managed to escape from the clutches of the accused and went to his brother's house and informed them about the entire incident, from where he was taken to the Civil Hospital for treatment.
2.2 Under the aforesaid circumstances, the complainant thought fit to lodge the complaint at the concerned police station.
2.3 On the complaint being lodged the investigation had commenced. The Panchnama of the place of occurrence, Exh.15 was drawn in presence of the panch witnesses. Thereafter, the accused persons were arrested. The statements of various witnesses were recorded. Finally on completion of investigation, the investigating officer filed charge sheet against the accused persons in the Court of the learned Judicial Magistrate, First Class, Gandhinagar. As the case was exclusively triable by the Sessions Court, the Judicial Magistrate, First Class, Gandhinagar, committed the case to the Sessions Court under Section 209 of the Criminal Procedure Code.
2.4 The Sessions Court framed the charge against the accused persons at Exh.4 for the offence punishable under Sections 307, 323, 504 and 114 of the IPC and the plea of the accused were recorded, wherein the accused persons abjured their guilt on the ground of false implication and claimed to be tried.
2.5 The prosecution adduced in all six oral evidences and nine documentary evidences in support of its case;
Page 4 of 20 Uploaded by ABDULVAHID A SHAIKH(HC00955) on Wed Apr 29 2026 Downloaded on : Sat May 02 02:36:42 IST 2026NEUTRAL CITATION R/CR.A/907/2003 JUDGMENT DATED: 18/04/2026 undefined 2.6 After completion of oral as well as documentary evidence of the prosecution, the statements of the accused persons under Section 313 of the Criminal Procedure Code were recorded in which the accused persons stated that the complaint was a false one and they were innocent.
2.7 At the conclusion of the trial, the learned trial Judge acquitted the respondents-accused of all the charges.
2.8 Being dissatisfied with the judgment and order of acquittal, the appellant-State has come up with the present appeal.
Submissions on behalf of the appellant-State
3. Mr. Tirthraj Pandya, learned APP appearing for the State has submitted that the learned trial court has not appreciated the evidence available on record in true sense and proper perspective. The judgment and order passed by the learned trial court is contrary to the settled provisions of law and, therefore, the same is required to be quashed and set aside. Mr. Pandya has further submitted that it is settled proposition of law that for the purpose of proving charge levelled against the accused, prosecution has to lead evidence beyond reasonable doubt. Learned APP Mr. Pandya has also submitted that there are ample and direct evidences available on record, connecting the accused with the commission of the crime. He has further submitted that the learned trial court has erred in disbelieving the evidence of the Doctor at Exh.27, who has clearly stated in his evidence that the complainant had sustained serious burn injuries in his mouth and he also had pain on his wrist. as also the evidence of the complainant at Page 5 of 20 Uploaded by ABDULVAHID A SHAIKH(HC00955) on Wed Apr 29 2026 Downloaded on : Sat May 02 02:36:42 IST 2026 NEUTRAL CITATION R/CR.A/907/2003 JUDGMENT DATED: 18/04/2026 undefined Exh.10, who has described the whole incident in his evidence. He has very specifically stated as to how both the accused tried to kill him and how he escaped from the cluthes of the accused. He complainant has also identified both the accused and the plastic bottle in which the acid was brought. Learned APP Mr. Pandya has also submitted that the learned trial court has erred in not appreciating the evidence of the complainant, who himself filed the complaint against his wife who was having illicit relationship with the accused No.2. Learned APP Mr. Panya has further submitted that the learned trial court ought to have considered the fact that the medical evidence also corroborates the version of the complainant as well as the Doctor.
4. Learned APP Mr. Pandya has further submitted that the learned trial court ought to have considered the fact that it is alleged in the complaint that the accused No.2 had an illicit relationship with the wife of the complainant, i.e. the accused No.1, and when confronted by the complainant about the same, the accused No.2 got enraged and made a scuffle with the complainant, and they both with the aid of each other, felled the complainant on the floor and poured the acid in his mouth in order to kill him. Learned APP Mr. Pandya has further submitted that the entire evidence of the complainant- injured victim ought not to have been completely discarded by the trial court. Mr. Pandya has also submitted that none of the circumstances on which reliance has been placed by the trial Court in acquitting the accused-respondent are conclusive in nature.
5. Learned APP Mr. Pandya has further submitted that the Page 6 of 20 Uploaded by ABDULVAHID A SHAIKH(HC00955) on Wed Apr 29 2026 Downloaded on : Sat May 02 02:36:42 IST 2026 NEUTRAL CITATION R/CR.A/907/2003 JUDGMENT DATED: 18/04/2026 undefined prosecution has proved its case against the accused persons by leading cogent, convincing and reliable evidence. Despite the said fact, the learned trial judge has not given due weightage to the said set of evidence. Learned APP Mr. Pandya has also submitted that the learned trial Judge has not appreciated the evidence available on record in its true spirit and proper perspective and passed order which is contrary to the settled proposition of law and, therefore, the same is required to be quashed and set aside. Learned APP has further submitted that it is settled proposition of law that for the purpose of proving the charge levelled against the accused, prosecution has to lead evidence to the effect that the charges levelled against the accused should be proved beyond reasonable shadow of doubt, and here in the case on hand, prosecution has proved its case beyond reasonable shadow of doubt, however, the said evidence was not properly considered and/or conveniently discarded by the learned trial Judge, more particularly, the evidence of the complainant-injured victim. Moreover, at the time of appreciating and considering the material available on record, the learned trial Judge has not given due weightage to the evidence available on record in true spirit and conveniently discarded the same, and by doing so, the learned trial Judge has committed a grave error. Learned APP Mr. Pandya has further submitted that if the evidence of all the witnesses are to be seen in its entirety, then it appears that the prosecution has successfully established the charges levelled against the accused persons and all the ingredients of the offence under the provisions of Sections 307, 504, 323 are proved. However, the same was not considered Page 7 of 20 Uploaded by ABDULVAHID A SHAIKH(HC00955) on Wed Apr 29 2026 Downloaded on : Sat May 02 02:36:42 IST 2026 NEUTRAL CITATION R/CR.A/907/2003 JUDGMENT DATED: 18/04/2026 undefined by the learned trial Judge, and by doing so, the learned Judge has committed grave error.
6. In such circumstances, referred to above, Mr. Pandya prays that the present appeal be allowed and the impugned judgment and order of acquittal be quashed and set aside.
7. On the other hand, the present appeal has been vehemently opposed by learned advocate Mr. Hardik Reaval appearing for the respondent No.2. He has submitted that no error, not to speak of any error of law, could be said to have been committed by the trial court in passing the judgment and order of acquittal. He has further submitted that the prosecution is unable to prove the essential ingredients of offence under Section 307 IPC as the prosecution is unable to establish the guilt of the respondents-accused beyond reasonable doubt as also to prove the intention or knowledge of the respondents-accused to commit such offence. Learned advocate Mr. Raval has also submitted that there is no eye- witness to the incident apart from the complainant himself. He has further submitted that there are material contradictions in the statements of the complainant making him unreliable. He has also submitted that there is no conclusive evidence on record on the basis of which, the accused persons can be convicted.
8. Learned advocate Mr. Raval has further submitted that the story put forth by the complainant is unbelievable. In his cross-examination, the complainant has stated that after the occurrence of the incident, he went to the the house of his father at G.E.B., then from there, he went to Indroda and then Page 8 of 20 Uploaded by ABDULVAHID A SHAIKH(HC00955) on Wed Apr 29 2026 Downloaded on : Sat May 02 02:36:42 IST 2026 NEUTRAL CITATION R/CR.A/907/2003 JUDGMENT DATED: 18/04/2026 undefined again came to G.E.B, and from there, went to Civil Hospital, and there also, after discussing with the police personnel present over there for about 20 to 25 minutes, got himself admitted as an indoor patient, and took treatment from the Doctor known to him. He has submitted that thus, as per the version given by the complainant, after the incident, he rode about 25 kilometers on bicycle and then went to the hospital for taking treatment, which is highly unpalatable, indigestible and cannot be believed. Learned advocate Mr. Raval has further submitted that even as per the version given by the complainant, he first went to the house of his father and informed about the incident to his brother, and then to his in- laws, however, none of them had bothered to immediately took him to the hospital for treatment looking to such a critical situation of the complainant. Moreover, even the complainant, if was in such a critical situation, did not bother to take any preliminary treatment at the nearby hospital, which is easily available in a fully developed area like Gandhinagar, rather first went to his father's house at G.E.B, then to Indroda, and then again to G.E.B.
9. Learned advocate Mr. Raval has further submitted that the complainant did not inform about the alleged incident to anyone, except his father and brother. Moreover, despite Doctors being available 24X7 in the civil hospital for any emergency, the complainant went to the Doctor known to him and got himself admitted in the hospital. Learned advocate Mr. Raval has further submitted that the complainant has also given contradictory version as regards the colour of the shirt worn by him at the time of the incident. In the Panchnama, the Page 9 of 20 Uploaded by ABDULVAHID A SHAIKH(HC00955) on Wed Apr 29 2026 Downloaded on : Sat May 02 02:36:42 IST 2026 NEUTRAL CITATION R/CR.A/907/2003 JUDGMENT DATED: 18/04/2026 undefined colour of the shirt is stated to be camel (brown), however, in his deposition, the complainant has stated that he wore a yellow color shirt, whereas in the testimony of the investigating officer, he has stated that the shirt which has been seized is not a yellow colour shirt. Learned advocate Mr. Raval has further submitted that there are contradictions in the FIR and the so called Dying Declaration. He has also submitted that in past, the respondent No.1 had registered a complaint under the provisions of Section 498 of the IPC against the complainant and her in-laws, and as such, keeping grudge of the same and to wreck vengeance, absolutely false and frivolous FIR had been lodged against the accused.
10. In such circumstances, referred to above, learned advocate Mr. Raval prays that, there being no merit in the present appeal, the same be rejected.
11. Though served with the notice issued by this Court, the respondent No.1 has chosen not to appear before this Court and oppose the present appeal.
ANALYSIS
12. Having heard the learned counsel appearing for the parties and having gone through the material on record, the only question that falls for my consideration is whether the Trial Court committed any error in passing the impugned judgment and order of acquittal.
13. Before adverting to the rival submission, we may quote, with profit, certain dictum of law for the purpose of coming to Page 10 of 20 Uploaded by ABDULVAHID A SHAIKH(HC00955) on Wed Apr 29 2026 Downloaded on : Sat May 02 02:36:42 IST 2026 NEUTRAL CITATION R/CR.A/907/2003 JUDGMENT DATED: 18/04/2026 undefined an ultimate conclusion.
14. At this juncture, we may refer with profit to the dictum in Shivaji Sahebrao Bobade and another v. State of Maharashtra, AIR 1973 SC 2622, wherein a three-Judge Bench has opined thus: -
".....there are no fetters on the plenary power of the Appellate Court to review the whole evidence on which the order of acquittal is founded and, indeed, it has a duty to scrutinise the probative material de novo, informed, however, by the weighty thought that the rebuttable innocence attributed to the accused having been converted into an acquittal the homage of our jurisprudence owes to individual liberty constrains the higher court not to upset the finding without very convincing reasons and comprehensive consideration."
15. Similar view has been expressed in Girija Prasad (dead) by LRs. v. State of M. P., (2007) 7 SCC 625 and State of Goa v. Sanjay Thakran, (2007) 3 SCC 755;
16. From the aforesaid authorities, it is clear as day that while dealing with an appeal against acquittal, the High Court has a duty to scrutinize the evidence and sometimes it is an obligation on the part of the High Court to do so. The power is not curtailed by any of the provisions of the Code of Criminal Procedure. It is also worthy to note that while re-appreciating and reconsidering the evidence upon which the order of acquittal is based, certain other principles pertaining to other facets are to be borne in mind. The said aspects have been encapsuled in Chandrappa v. State of Karnataka, (2007) 4 SCC 415 as under: -
"(4) An appellate court, however, must bear in mind that Page 11 of 20 Uploaded by ABDULVAHID A SHAIKH(HC00955) on Wed Apr 29 2026 Downloaded on : Sat May 02 02:36:42 IST 2026 NEUTRAL CITATION R/CR.A/907/2003 JUDGMENT DATED: 18/04/2026 undefined in case of acquittal, there is double presumption in favour of the accused. Firstly, the presumption of innocence is available to him under the fundamental principle of criminal jurisprudence that every person shall be presumed to be innocent unless he is proved guilty by a competent court of law. Secondly, the accused having secured his acquittal, the presumption of his innocence is further reinforced, reaffirmed and strengthened by the trial court.
(5) If two reasonable conclusions are possible on the basis of the evidence on record, the appellate court should not disturb the finding of acquittal recorded by the trial court."
17. Similar principle has been laid down by the Hon'ble Supreme Court in the case of State of Uttar Pradesh v. Ram Veer Singh, reported in 2007 AIR SCW 5553, that while exercising the appellate power even if two reasonable conclusions are possible on the basis of evidence on record, the appellate Court should not disturb the finding of acquittal recorded by the learned trial Court.
18. Quite apart from the above, the High Court is required to see that unless there are substantial and compelling circumstances, the order of acquittal is not required to be reversed in appeal. It has been so stated in State of Rajasthan v. Shera Ram @ Vishnu Dutta, (2012) 1 SCC 602.
19. The prosecution basically relies on the evidence of the complainant-Shailendrasinh Amarsinh Rathod (PW-1), who happens to be the husband of the accused No.1. It is the case of the prosecution that the trial court has erred in not appreciating the evidence of the said witness in proper sense and true spirit. It is also the case of the prosecution that the Page 12 of 20 Uploaded by ABDULVAHID A SHAIKH(HC00955) on Wed Apr 29 2026 Downloaded on : Sat May 02 02:36:42 IST 2026 NEUTRAL CITATION R/CR.A/907/2003 JUDGMENT DATED: 18/04/2026 undefined trial court has committed grave error in discarding the entire evidence of the said witness, upon certain so called discrepancies found in the testimony of the said witness.
20. Insofar as the evidence of complainant- Shailendrasnih Amarsinh Rathod (PW-1) is concerned, he has stated in his deposition that 'on 15.08.2001, he was having a night shift from 1:00 a.m. to 9:00 a.m., however, despite the same, he left the house at 5:00 p.m. and went to his job at Akshardham and came back to his house at around 10:00 p.m. and had hidden himself behind the shrubs in the surrounding of Bungalow of V.P. Kamdar, and around 10:30 p.m., he caught his wife-Sonalben coming out from the quarter of the accused No.2'. However, in his statement (Dying Declaration) recorded on 16.08.2001 at Exh.14, he has stated that 'upon having a doubt about an illicit relationship between Sandipbhai and my wife, I kept a watch at around 5:00 p.m. and caught my wife coming out of the quarter of Sandipbhai, whereas in his deposition he has stated that the said incident had occurred a day before at 10:30 p.m. Thus, the evidence of the complainant is found to be self-contradictory in nature. Moreover, looking to the deposition of the said witness, nowhere he has stated anything about how and at what time, his dying declaration was taken. Looking further to the deposition of the complainant, he has stated in his examination-in-chief that after the occurrence of the incident, he went to his father's house at G.E.B., and then went to his in- law's house at Indroda and again came back to G.E.B and then went to Civil Hospital, that too on bicycle. Then, from the cross-examination, it emerges that, the distance between Page 13 of 20 Uploaded by ABDULVAHID A SHAIKH(HC00955) on Wed Apr 29 2026 Downloaded on : Sat May 02 02:36:42 IST 2026 NEUTRAL CITATION R/CR.A/907/2003 JUDGMENT DATED: 18/04/2026 undefined Section 19 and G.E.B. is about 5 kilometers, and the distance between G.E.B. and Indroda is about 7 kilometers, and the distance between G.E.B and Civil Hospital is about 8 to 9 kilometers, and as such, it appears that after the alleged incident, the complainant rode about 25 kilometers before getting him admitted in the civil hospital. Further, as per the say of the complainant, after the incident, he immediately went to his father's house and informed them about the incident, however, no body bothered to immediately taken him to the hospital, if he was in such a critical condition. Moreover, looking to the deposition of the complainant, he himself has admitted that after the FIR being lodged and his signature being obtained in the midnight, it has been incorporated in the FIR that 'the incident took place at around 5:00 p.m. and there was some altercation'. Thus, a perusal of the testimony of the complainant-Shailendrasinh Rathod (PW-1) when compared with his other statements, clearly casts a doubt on the truthfulness of this witness.
21. Further, if the complainant was forced to drink acid, and if there was a retaliation on his part, then ordinarily, there are all possible chances of acid being spread over to the other parts of the body, however, looking to the body situation Panchnama of the victim, no such acid stains are found on the other parts of the body of the complainant, except his shirt. Moreover, it has been stated by the complainant that he had hidden himself behind the shrubs situated nearby bungalow, however, in the Panchnama of scene of offence at Exh.15, there is no mention about any such shrubs in the surrounding Page 14 of 20 Uploaded by ABDULVAHID A SHAIKH(HC00955) on Wed Apr 29 2026 Downloaded on : Sat May 02 02:36:42 IST 2026 NEUTRAL CITATION R/CR.A/907/2003 JUDGMENT DATED: 18/04/2026 undefined of the said bungalow. Even the bottle in which the acid was brought, has not been recovered in the presence of the accused.
22. Further, in his cross-examination, the Doctor has admitted that in the case of poisoning, the samples of vomiting, urine and latrine are required to be collected, however, no such samples have been taken in the present case. As per the testimony of the Doctor, the pulse and blood pressure of the complainant was normal. There was no swelling or tenderness on the stomach of the complainant. He has further stated in his testimony that, in cases of consumption of hydrochloric acid, symptoms like swelling on the stomach, vomiting, looseness in the teeth, sores in the mouth, and a stomach inflammation may appear, however, it depends upon the percentage of the acid in the liquid being consumed. However, no such symptoms were found by the Doctor on the body of the complainant. The doctor has further stated that such symptoms can also appear in case of self consumption of acid. Thus, the possibility of an attempt to commit suicide cannot be ignored.
23. Further, it emerges from the record that there was some on going matrimonial disputes between the complainant and the accused No.1, and a complaint under Section 498 had also been filed by the accused No.1 against the complainant and his family members, and as such, there seems to be a previous enmity between the complainant and the accused No.1.
24. It is a settled law that enmity is a double-edged weapon. On one hand, it provides motive, on the other hand it also does Page 15 of 20 Uploaded by ABDULVAHID A SHAIKH(HC00955) on Wed Apr 29 2026 Downloaded on : Sat May 02 02:36:42 IST 2026 NEUTRAL CITATION R/CR.A/907/2003 JUDGMENT DATED: 18/04/2026 undefined not rule out the possibility of false implication. From the nature of the evidence placed on record by the prosecution, the possibility of the respondent-accused being falsely implicated on account of previous enmity cannot be ruled out. In our opinion, therefore, the respondent-accused are entitled to benefit of doubt.
25. In view of the above reasons, we find that the prosecution has not been able to put forth positive, acceptable, cogent, consistent, convincing and satisfactory evidence, to establish the basic ingredients required to make out an offence under Section 307 of the IPC against the accused. Thus, when the offence alleged has not been proved by the prosecution beyond all reasonable doubt, benefit of doubt shall accrue in favour of the respondent-accused. Hence, we find that if the impugned judgment passed by the Trial Court is overruled, it would lead to a miscarriage of justice.
26. At this stage, I would like to refer to and rely upon the decision of the Hon'ble Apex Court in the case of Allahrakha K. Mansuri vs. State of Gujarat, 2002(1) RCR (Criminal) 748, wherein the Hon'ble Apex Court has held that in cases of reversal of acquittal, where two views are possible, the view which favors the accused has to be adopted. Let me quote the relevant observations of the said judgment which reads as under;
"The settled position of law regarding the powers to be exercised by the High Court in an appeal against the order of acquittal is that though the High Court has full powers to review the evidence upon which an order of acquittal is based, it will not interfere with an order of acquittal because with the passing Page 16 of 20 Uploaded by ABDULVAHID A SHAIKH(HC00955) on Wed Apr 29 2026 Downloaded on : Sat May 02 02:36:42 IST 2026 NEUTRAL CITATION R/CR.A/907/2003 JUDGMENT DATED: 18/04/2026 undefined of an order of acquittal the presumption of innocence in favour of the accused is reinforced. The High Court should be slow in disturbing the finding of the fact arrived at by the trial court. The golden thread which runs through the web of administration of justice in criminal case is that if two views are possible on the evidence adduced in the case, one pointing to the guilt of the accused and the other to his innocence, the view which is favourable to the accused should be adopted."
27. Similarly, in Constable 907 Surendra Singh & Anr. vs. State of Uttrakhand, (2025) 5 SCC 433, the Hon'ble Apex Court, with regard to the scope of interference in an appeal against acquittal, has held in Paras-23 and 24 as under;
"11. Recently, in the case of Babu Sahebagouda Rudragoudar and others v. State of Karnataka6, a Bench of this Court to which one of us was a Member (B.R. Gavai, J.) had an occasion to consider the legal position with regard to the scope of interference in an appeal against acquittal. It was observed thus:
"38. First of all, we would like to reiterate the principles laid down by this Court governing the scope of interference by the High Court in an appeal filed by the State for challenging acquittal of the accused recorded by the trial court.
39. This Court in Rajesh Prasad v. State of Bihar [Rajesh Prasad v. State of Bihar, (2022) 3 SCC 471 : (2022) 2 SCC (Cri) 31] encapsulated the legal position covering the field after considering various earlier judgments and held as below : (SCC pp. 482-83, para 29) "29. After referring to a catena of judgments, this Court culled out the following general principles regarding the powers of the appellate court while dealing with an appeal against an order of acquittal in the following words : (Chandrappa case [Chandrappa v. State of Karnataka, (2007) 4 SCC 415 : (2007) 2 SCC (Cri) 325] , SCC p.432, para 42) Page 17 of 20 Uploaded by ABDULVAHID A SHAIKH(HC00955) on Wed Apr 29 2026 Downloaded on : Sat May 02 02:36:42 IST 2026 NEUTRAL CITATION R/CR.A/907/2003 JUDGMENT DATED: 18/04/2026 undefined '42. From the above decisions, in our considered view, the following general principles regarding powers of the appellate court while dealing with an appeal against an order of acquittal emerge:
(1) An appellate court has full power to review, reappreciate and reconsider the evidence upon which the order of acquittal is founded.
(2) The Criminal Procedure Code, 1973 puts no limitation, restriction or condition on exercise of such power and an appellate court on the evidence before it may reach its own conclusion, both on questions of fact and of law.
(3) Various expressions, such as, "substantial and compelling reasons", "good and sufficient grounds", "very strong circumstances", "distorted conclusions", "glaring mistakes", etc. are not intended to curtail extensive powers of an appellate court in an appeal against acquittal. Such phraseologies are more in the nature of "flourishes of language" to emphasise the reluctance of an appellate court to interfere with acquittal than to curtail the power of the court to review the evidence and to come to its own conclusion.
(4) An appellate court, however, must bear in mind that in case of acquittal, there is double presumption in favour of the accused. Firstly, the presumption of innocence is available to him under the fundamental principle of criminal jurisprudence that every person shall be presumed to be innocent unless he is proved guilty by a competent court of law. Secondly, the accused having secured his acquittal, the presumption of his innocence is further reinforced, reaffirmed and strengthened by the trial court.
(5) If two reasonable conclusions are possible on the basis of the evidence on record, the appellate court should not disturb the finding ofacquittal recorded by the trial court.' "
40. Further, in H.D. Sundara v. State of Karnataka [H.D. Sundara v. State of Karnataka, (2023) 9 SCC 581: (2023) Page 18 of 20 Uploaded by ABDULVAHID A SHAIKH(HC00955) on Wed Apr 29 2026 Downloaded on : Sat May 02 02:36:42 IST 2026 NEUTRAL CITATION R/CR.A/907/2003 JUDGMENT DATED: 18/04/2026 undefined 3 SCC (Cri) 748] this Court summarised the principles governing the exercise of appellate jurisdiction while dealing with an appeal against acquittal under Section 378 CrPC as follows : (SCC p. 584, para 8) "8. ... 8.1. The acquittal of the accused further strengthens the presumption of innocence;
8.2. The appellate court, while hearing an appeal against acquittal, is entitled to reappreciate the oral and documentary evidence;
8.3. The appellate court, while deciding an appeal against acquittal, after reappreciating the evidence, is required to consider whether the view taken by the trial court is a possible view which could have been taken on the basis of the evidence on record;
8.4. If the view taken is a possible view, the appellate court cannot overturn the order of acquittal on the ground that another view was also possible; and 8.5. The appellate court can interfere with the order of acquittal only if it comes to a finding that the only conclusion which can be recorded on the basis of the evidence on record was that the guilt of the accused was proved beyond a reasonable doubt and no other conclusion was possible."
41. Thus, it is beyond the pale of doubt that the scope of interference by an appellate court for reversing the judgment of acquittal recorded by the trial court in favour of the accused has to be exercised within the four corners of the following principles:
41.1. That the judgment of acquittal suffers from patent perversity;
41.2. That the same is based on a misreading/omission to consider material evidence on record; and 41.3. That no two reasonable views are possible and only the view consistent with the guilt of the accused is possible from the evidence available on record."Page 19 of 20 Uploaded by ABDULVAHID A SHAIKH(HC00955) on Wed Apr 29 2026 Downloaded on : Sat May 02 02:36:42 IST 2026
NEUTRAL CITATION R/CR.A/907/2003 JUDGMENT DATED: 18/04/2026 undefined
12. It could thus be seen that it is a settled legal position that the interference with the finding of acquittal recorded by the learned trial judge would be warranted by the High Court only if the judgment of acquittal suffers from patent perversity; that the same is based on a misreading/omission to consider material evidence on record; and that no two reasonable views are possible and only the view consistent with the guilt of the accused is possible from the evidence available on record."
28. In view of the aforesaid discussion and the principles enunciated in the aforequoted decisions with regard to the scope of the High Court in deciding the acquittal appeals under Section 378 of the Code, we are of the opinion that no case is made out to interfere with the impugned judgment and order of acquittal.
29. For the foregoing reasons, this appeal fails and is hereby dismissed. The order of acquittal dated 30.04.2003 passed by the learned Additional Sessions Judge, Gandhinagar in Sessions Case No.08 of 2002 is hereby confirmed. Record & Proceedings be sent to the concerned Trial Court.
(NIRAL R. MEHTA,J) (DIVYESH A. JOSHI,J) VAHID Page 20 of 20 Uploaded by ABDULVAHID A SHAIKH(HC00955) on Wed Apr 29 2026 Downloaded on : Sat May 02 02:36:42 IST 2026