Gujarat High Court
State Of Gujarat vs Mahendrabhai @ Khodabhai Punambhai ... on 4 May, 2026
NEUTRAL CITATION
R/CR.A/2134/2009 CAV JUDGMENT DATED: 04/05/2026
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Reserved On : 16/04/2026
Pronounced On : 04/05/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL NO. 2134 of 2009
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STATE OF GUJARAT
Versus
MAHENDRABHAI @ KHODABHAI PUNAMBHAI CHAUHAN & ANR.
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Appearance:
MR. YUVRAJ BRAHMBHATT, APP for the Appellant(s) No. 1
MR NIKHIL S VYAS(5663) for the Opponent(s)/Respondent(s) No. 1,2
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CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
CAV JUDGMENT
1. Feeling aggrieved by and dissatisfied with the judgment and order of acquittal dated 30.06.2009, passed by the learned Sessions Judge, Kheda at Nadiad, in Sessions Case No.04/2009, for the offences punishable under Sections 498(A), 306 read with Section 114 of the Indian Penal Code, the appellant - State of Gujarat has preferred this appeal under Section 378 of the Code of Criminal Procedure, 1973 (for short, "the Code").
2. The prosecution case as unfolded during the trial before the trial Court is that, the deceased, Pintuben, was married to accused No.1 about twelve years prior to the incident and had three children from the wedlock. After marriage, she resided with her husband and in-laws. It is alleged that the accused persons subjected her to continuous Page 1 of 24 Uploaded by ADITYA SINGH(HC02376) on Tue May 05 2026 Downloaded on : Tue May 05 22:14:48 IST 2026 NEUTRAL CITATION R/CR.A/2134/2009 CAV JUDGMENT DATED: 04/05/2026 undefined mental and physical cruelty, including harassment over household work and physical assault. Due to such ill- treatment, she occasionally went to her parental home but was persuaded to return to her matrimonial home. Despite intervention by elders and her attempts to maintain the marriage, the harassment allegedly continued. Being unable to bear the constant cruelty, the deceased ultimately committed suicide by jumping into a canal. Therefore, the complaint was filed against the respondent/s-accused.
3. After investigation, sufficient prima facie evidence was found against the accused person/s and therefore charge- sheet was filed in the competent criminal Court. Since the offence alleged against the accused person/s was exclusively triable by the Court of Sessions, the learned Magistrate committed the case to the Sessions Court where it came to be registered as Sessions Case No. 04/2009. The charge was framed against the accused person/s. The accused pleaded not guilty and came to be tried.
4. In order to bring home the charge, the prosecution has examined 9 witnesses and also produced 14 documentary evidences before the trial Court, which are described in the impugned judgment are as under;
Page 2 of 24 Uploaded by ADITYA SINGH(HC02376) on Tue May 05 2026 Downloaded on : Tue May 05 22:14:48 IST 2026 NEUTRAL CITATION R/CR.A/2134/2009 CAV JUDGMENT DATED: 04/05/2026 undefined Oral Evidences Witness Exhibit Name of Witness No. No. (1) Dr. Dilipbhai Mektabhai Ugrejiya (Medical Officer) 10
Arjanbhai Bijalbhai Sodha Parmar (Complainant) (2) 18 (Uncle of the deceased Pintuben) Jayantibhai Bijalbhai Sodha Parmar (Father of the (3) 20 deceased Pintuben) Dhudiben Jayantibhai Sodha Parmar (Mother of the (4) 21 deceased Pintuben) Kalabhai Bijalbhai Sodha Parmar (Uncle of the (5) 22 deceased Pintuben) Hemabhai Laxmanbhai Chauhan (Uncle/Fuva of the (6) 26 deceased Pintuben) Randhirsinh Sardarsinh Dodiya, P.S.I. (7) 28 (Investigating Officer) Mansinh Punjabhai Chauhan, A.S.I. (Officer who (8) 30 conducted the initial accidental death inquiry) (9) Rajeshkumar Dahyalal Oza, P.S.I. 32 Documentary Evidences Sr. Exhibit Description of Document No. No.
1. Complaint of the complainant Arjanbhai Bijalbhai Parmar 19 Panchnama of the scene of the offense (Crime Scene 2. 13 Panchnama) 3. Inquest Panchnama performed on the body 14 4. Field copy of the Post-Mortem form 33 5. Post-Mortem report (Autopsy Report) 11
6. Receipt of handing over the deceased's body to relatives 15
7. Certificate showing the cause of death of the deceased 12 Page 3 of 24 Uploaded by ADITYA SINGH(HC02376) on Tue May 05 2026 Downloaded on : Tue May 05 22:14:48 IST 2026 NEUTRAL CITATION R/CR.A/2134/2009 CAV JUDGMENT DATED: 04/05/2026 undefined Sr. Exhibit Description of Document No. No. Field copy of the dispatch note prepared while sending
8. muddamal (evidence) to the Forensic Science Laboratory 34 (FSL) for examination Receipt of delivery of muddamal (evidence) received by the
9. 35-36 Forensic Science Laboratory Dispatch letter written to the P.S.I. Thasra Police Station by
10. the Forensic Science Laboratory while sending the analysis 37-39 report Analysis report from the Forensic Science Laboratory (FSL
11. 38-40 Report)
12. Public notice given by Arvindbhai Sardarbhai Parmar 25 Settlement agreement made between the deceased and 13. 27 Accused No. 1 Telephone message received regarding the deceased having 14. 31 drowned in canal water
5. After hearing both the parties and after analysis of evidence adduced by the prosecution, the learned trial Judge acquitted the accused for the offences for which the charge was framed, by holding that the prosecution has failed to prove the case beyond reasonable doubt.
6. Learned APP for the appellant - State has pointed out the facts of the case and having taken this Court through both, oral and documentary evidence, recorded before the learned trial Court, would submit that the learned trial Court has failed to appreciate the evidence in true sense and Page 4 of 24 Uploaded by ADITYA SINGH(HC02376) on Tue May 05 2026 Downloaded on : Tue May 05 22:14:48 IST 2026 NEUTRAL CITATION R/CR.A/2134/2009 CAV JUDGMENT DATED: 04/05/2026 undefined perspective; and that the trial Court has committed error in acquitting the accused. It is submitted that the learned trial Court ought not to have given much emphasis to the contradictions and/or omissions appearing in the evidence and ought to have given weightage to the dots that connect the accused with the offence in question. It is submitted that the learned trial Court has erroneously come to the conclusion that the prosecution has failed to prove its case. It is also submitted that the learned Judge ought to have seen that the evidence produced on record is reliable and believable and it was proved beyond reasonable doubt that the accused had committed an offence in question. It is, therefore, submitted that this Court may allow this appeal by appreciating the evidence led before the learned trial Court.
7. As against that, learned advocate for the respondent/s would support the impugned judgment passed by the learned trial Court and has submitted that the learned trial Court has not committed any error in acquitting the accused. The trial Court has taken possible view as the prosecution has failed to prove its case beyond reasonable doubt. Therefore, it is prayed to dismiss the present appeal by confirming the impugned judgment and order passed by the learned trial Court.
8. In the aforesaid background, considering the oral Page 5 of 24 Uploaded by ADITYA SINGH(HC02376) on Tue May 05 2026 Downloaded on : Tue May 05 22:14:48 IST 2026 NEUTRAL CITATION R/CR.A/2134/2009 CAV JUDGMENT DATED: 04/05/2026 undefined as well as documentary evidence on record, independently and dispassionately and considering the impugned judgment and order of the trial Court, the following aspects weighed with the Court :
8.1. The prosecution has mainly relied on the complaint filed by the uncle of the complainant, which is produced vide Exh-19, wherein, it is the case of the complainant that after the marriage of the deceased with accused No. 1, i.e., Mahendrabhai Chauhan. They had cordial relations for the first two months, and there were disputes between the accused No. 2, i.e., the mother-in-law of the deceased and the deceased for day to day household works, and on that account the deceased was mentally and physically harassed by the accused. Therefore, the deceased as she was upset because of the constant physical and mental harassment, used to come to her parental house, and at that time the family members of the deceased used to counsel the deceased, and send her back to her matrimonial home.
8.2. It is the case of the prosecution, that four years prior to the date of the incident, the deceased was harassed by the accused for not bringing anything from her family.
Consequently, trivial domestic disputes occurred, during which Page 6 of 24 Uploaded by ADITYA SINGH(HC02376) on Tue May 05 2026 Downloaded on : Tue May 05 22:14:48 IST 2026 NEUTRAL CITATION R/CR.A/2134/2009 CAV JUDGMENT DATED: 04/05/2026 undefined the deceased was subjected to persistent mental and physical harassment and taunting. Therefore, the deceased stayed for three years at her parental home.
8.3. In the year 2005, an application for maintenance was filed before the Kapadvanj Court, and thereafter, as members of the community intervened, a settlement was arrived after which the deceased was sent to her matrimonial home, and yet again the deceased was physically and mentally harassed by the accused. One month prior to the incident, the deceased had come to the residence of her uncle, i.e., the complainant, and informed him that she was still being harassed by the accused.
8.4. It is also the case of the prosecution that, on the last Sunday before the incident, the deceased had also called the complainant and informed him that the accused had physically assaulted her, and therefore, the mother of the deceased had come to the village Amrutpura, and tried to explain to the deceased, and on the same night the mother returned to her house. On the next day, the complainant got information that the deceased had committed suicide by drowning herself in a canal, and it is the case of the complainant that the deceased had committed suicide because of the constant harassment by the accused. Page 7 of 24 Uploaded by ADITYA SINGH(HC02376) on Tue May 05 2026 Downloaded on : Tue May 05 22:14:48 IST 2026
NEUTRAL CITATION R/CR.A/2134/2009 CAV JUDGMENT DATED: 04/05/2026 undefined 8.5 The prosecution has examined Dilipbhai Mektabhai Ugrejiya as PW-1, vide Exh-10. The post-mortem report is produced vide Exh-11, and the certificate stating the cause of death is produced vide Exh-12. The cause of death of the deceased, as per the report produced vide Exh-11 and 12, is cardio-respiratory arrest caused by asphyxia due to drowning. 8.6. The prosecution has produced the panchnama of place of incident vide Exh-13, the inquest panchnama has been produced vide Exh-14. No panch witnesses have been examined with respect to the panchnama of the Exhs-13 and 14. 8.7. The uncle of the deceased i.e., the complainant, namely Arjanbhai, has been examined as PW-2, vide Exh-18, as per his deposition, he stated that the father of the deceased, Jayantibhai, is his elder brother, and Pintuben was married about 12 years prior to the incident with accused No. 1, Mahendra of village Amrutpura. After about two months of marriage, the accused persons began subjecting her to physical and mental cruelty and assault over household issues, due to which she frequently returned to her parental home, but was sent back after persuasion. The marriage continued for about four years, after which the harassment intensified, leading Pintuben to reside at her parental home and file a maintenance case before the Kapadvanj Court. The Page 8 of 24 Uploaded by ADITYA SINGH(HC02376) on Tue May 05 2026 Downloaded on : Tue May 05 22:14:48 IST 2026 NEUTRAL CITATION R/CR.A/2134/2009 CAV JUDGMENT DATED: 04/05/2026 undefined dispute was later settled and she was sent back to her matrimonial home. However, the accused continued to subject her to cruelty and physical assault. Upon complaint to her mother Dhuliben, her mother visited the matrimonial home and reprimanded the accused. On the following day, news was received from one relative namely Abhesinh that Pintuben had fallen into a canal. However, the said Abhesinh who said to have informed about death of deceased has not been examined by the prosecution. In his cross-examination the complainant has admitted that, it is true that only to know the reason, how the deceased fell into the canal, the present complaint was filed. He has also admitted that he had not met the deceased two months prior to the incident. 8.8 The father of the deceased Jayantibhai Sodhabhai has been examined as PW-3, vide Exh-20, he states that there was a demand of giving a buffalo to the accused by the parents of the deceased. The said fact has not been stated by the complainant in his complaint. 8.9. The mother of the deceased Dhudiben has been examined as PW-4, vide Exh- 21. The prosecution has examined Kalabhai Bijalbhai Parmar as the uncle of the deceased as PW-5, vide Exh-22 8.10. The paternal uncle of the deceased Hemabhai Page 9 of 24 Uploaded by ADITYA SINGH(HC02376) on Tue May 05 2026 Downloaded on : Tue May 05 22:14:48 IST 2026 NEUTRAL CITATION R/CR.A/2134/2009 CAV JUDGMENT DATED: 04/05/2026 undefined Chauhan has been examined as PW-6, vide Exh-26. He has placed on record the settlement that had arrived at in the maintenance application which is produced vide Exh-27. 8.11. The prosecution has examined Randhirsinh Dodiya, the P.S.I., at Thasara as PW-7, vide Exh-28. In his deposition he has stated that he had taken the statement of one Kalabhai Parmar, with respect to the harassment that was done on the deceased by the accused, but the said witness has not been examined. The initial complaint was given to the said witness, and all the statements of the witnesses were taken by the said P.S.I. at Thasara. 8.12. The A.S.I. Mansinh Chauhan has been examined at Exh-30. He had prepared the inquest panchnama and the statements were taken by him. He has also stated that in his investigation and after taking statements from the witnesses, it has come out that the deceased was having cordial relations at her matrimonial home. 8.13. The prosecution has thereafter examined the P.S.I. Rajeshkumar Oza, as PW-9 vide Exh-32 and investigation was given to him, pursuant to the transfer of PW-7 i.e., Randhirsinh Dodiya, he had prepared the charge-sheet. 8.14. If the entire case of the prosecution is taken into consideration, the prosecution has not been able to prove as Page 10 of 24 Uploaded by ADITYA SINGH(HC02376) on Tue May 05 2026 Downloaded on : Tue May 05 22:14:48 IST 2026 NEUTRAL CITATION R/CR.A/2134/2009 CAV JUDGMENT DATED: 04/05/2026 undefined to what harassment was done by the accused on the deceased. It also transpires that the settlement had arrived at in the maintenance application in the year 2007, which is produced vide Exh-27.
8.15. If the evidence of the family members of the deceased are taken into consideration, the same are domestic quarrel over trivial matters. The prosecution has not been able to prove that there was ill-treatment or harassment of such a nature, and that the deceased was left with no option or her life is made miserable. Moreover, the prosecution has also not been able to prove the proximity of time between the incident of harassment and suicide. Moreover, there is contradiction and discrepancies in the evidence of the complainant and the family members. The complainant does not state that the accused had demanded a buffalo from the family members of the deceased and the father of the deceased who has been examined as PW-3, has stated that there was a demand of a buffalo to be given by the family members of the deceased.
8.16. Moreover, the complainant himself had not met the deceased two months prior to the date of the incident, nor has he ever talked to the deceased during the said two months. The prosecution has failed to prove that the deceased was mentally and physically harassed by the accused. Page 11 of 24 Uploaded by ADITYA SINGH(HC02376) on Tue May 05 2026 Downloaded on : Tue May 05 22:14:48 IST 2026
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9. The evidence on record and the glaring omission on the prosecution as pointed out above leaves no room of doubt that the order passed by the trial Court is as per law. The trial Court has rightly held that there was no positive evidence on record to prove that the accused by way of the conduct or spoken words, overtly or covertly, actually aided and abetted or instigated the deceased in such a manner that it leaves no other option for the deceased but to commit suicide. In the present case, the prosecution has also not been able to prove the clear motive of the accused to commit offence of abatement. There is also no close connection between the accused's action and the deceased's choice to commit suicide. In view of the said fact, the prosecution has not been able to prove that the accused have stimulated the deceased to commit suicide.
9.1. The prosecution has not proved that there was a clear motive to commit the offence of abatement. The prosecution has also not proved that the accused proceeded to encourage and/or irritate the deceased through words or insults and that the accused intended to urge the deceased to end it all by committing suicide. The prosecution has also not been able to prove the direct connection between the incitement and committal of suicide. The prosecution has also not been able to prove direct or indirect act of incitement to Page 12 of 24 Uploaded by ADITYA SINGH(HC02376) on Tue May 05 2026 Downloaded on : Tue May 05 22:14:48 IST 2026 NEUTRAL CITATION R/CR.A/2134/2009 CAV JUDGMENT DATED: 04/05/2026 undefined the commitment of suicide. The prosecution has also not been able to prove by accusation of harassment without any positive action on the part of the accused close to the time of occurrence that led and forced the deceased to commit suicide.
9.2. The present matter turns on whether the conduct attributed to the accused satisfies the legal threshold of abetment of suicide. Therefore, read as a whole, it can be said that mere occurrence of a suicide does not automatically trigger rigours of the Section. The penal consequences under Section 306 of the Indian Penal Code arise when the prosecution is able to establish that the accused abetted and had a role in provoking or facilitating that suicide. Therefore, this twin test distinction is required to be borne in mind. 9.3. Abetment, as understood in criminal jurisprudence, is not a broad moral expression but a term of precise statutory meaning. Section 107 IPC delineates its contours:
instigation, conspiracy, or intentional aiding. Each of these modes presupposes active involvement. The law does not punish omission except in some cases, it punishes intentional encouragement or positive facilitation of a prohibited act. 9.4. It is therefore not sufficient to show that the Page 13 of 24 Uploaded by ADITYA SINGH(HC02376) on Tue May 05 2026 Downloaded on : Tue May 05 22:14:48 IST 2026 NEUTRAL CITATION R/CR.A/2134/2009 CAV JUDGMENT DATED: 04/05/2026 undefined deceased was unhappy, distressed, or subjected to unpleasant treatment. The jurisprudence developed by the Hon'ble Supreme Court has consistently underscored that routine domestic disagreements, suspicion between spouses, or episodes of harassment do not ipso facto amount to instigation. Rigours of this Section intervene only where there is clear evidence of mens rea and a direct causal link between the accused's conduct and the decision of the deceased to commit suicide.
9.5. The concept of instigation demands something more than mere reproach or accusation. It connotes an active suggestion, an incitement, or conduct of such intensity that it operates upon the mind of the victim and pushes him or her toward this drastic and unfortunate step. The prosecution therefore, must demonstrate either a deliberate intention to drive the deceased to suicide or knowledge that the conduct in question was likely to produce that consequence. Equally indispensable is the requirement of proximity. The law insists on a live and immediate nexus between the acts complained of and the suicide. A remote or generalized allegation is insufficient. There must be evidence showing that the accused engaged in conduct so closely connected in time and effect with the suicide that it can reasonably be said to have triggered the fatal act.
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NEUTRAL CITATION R/CR.A/2134/2009 CAV JUDGMENT DATED: 04/05/2026 undefined 9.6. No material has been brought on record demonstrating any proximate act immediately preceding the suicide which could be construed as instigation. Nor is there evidence of a positive act amounting to intentional aid. The essential ingredients of abetment -namely, culpable mental state coupled with active or proximate conduct-are not established.
9.7. On an overall assessment of the evidence, the prosecution has failed to demonstrate the existence of the foundational elements necessary to sustain a conviction under Section 306 IPC.
10. In the case of Mahendra K.C. v. State of Karnataka and another, [(2022) 2 SCC 129], it has been held by the Hon'ble Supreme Court that the essence of abetment lies in instigating a person to do a thing or the intentional doing of that thing by an act or illegal omission. Instigation is to goad, urge forward, provoke, incite or encourage to do "an act". To satisfy the requirement of instigation though it is not necessary that actual words must be used to that effect or what constitutes instigation must necessarily and specifically be suggestive of the consequence. Yet a reasonable certainty to incite the consequence must be capable of being Page 15 of 24 Uploaded by ADITYA SINGH(HC02376) on Tue May 05 2026 Downloaded on : Tue May 05 22:14:48 IST 2026 NEUTRAL CITATION R/CR.A/2134/2009 CAV JUDGMENT DATED: 04/05/2026 undefined spelt out. A word uttered in the fit of anger or emotion without intending the consequences to actually follow cannot be said to be instigation.
10.1. In the case of Mahendra Awase v. State of Madhya Pradesh, 2025 (1) Crimes 347 (SC), the observations are made with regard to abetment of suicide. It has been held that in order to bring a case within purview of Section 306 IPC, there must be a case of suicide and in commission of said offence, person who is said to have abetted commission of suicide must have played active role by act of instigation or by doing certain act to facilitate commission of suicide. It has been further observed that the act of abetment by person charged with said offence must be proved and established by prosecution before he could be convicted under Section 306 IPC. It is further observed that to satisfy requirement of instigation, accused by his act or omission or by a continued course of conduct should have created such circumstances that deceased was left with no other option, except to commit suicide.
10.2. In the case of Amalendu Pal alias Jhantu versus State of West Bengal, (2010) 1 SCC 707, it has been held that in a case of alleged abetment of suicide, there must be proof of direct or indirect act(s) of incitement to the Page 16 of 24 Uploaded by ADITYA SINGH(HC02376) on Tue May 05 2026 Downloaded on : Tue May 05 22:14:48 IST 2026 NEUTRAL CITATION R/CR.A/2134/2009 CAV JUDGMENT DATED: 04/05/2026 undefined commission of suicide. Merely on the allegation of harassment without there being any positive action proximate to the time of occurrence on the part of the accused which led or compelled the deceased to commit suicide, conviction in terms of Section 306 IPC would not be sustainable. 10.3. In the case of Rajesh v. State of Haryana, (2020) 15 SCC 359, after considering the provisions of Sections 306 and 107 of IPC, the Court held that conviction under Section 306 IPC is not sustainable on the allegation of harassment without there being any positive action proximate to the time of occurrence on the part of the accused which led or compelled the person to commit suicide. 10.4. In the case of Amudha v. State, 2024 INSC 244, it was held that there has to be an act of incitement on the part of the accused proximate to the date on which the deceased committed suicide. The act attributed should not only be proximate to the time of suicide but should also be of such a nature that the deceased was left with no alternative but to take the drastic step of committing suicide.
11. Further, learned APP is not in a position to show any evidence to take a contrary view in the matter or that the approach of the Court below is vitiated by some manifest Page 17 of 24 Uploaded by ADITYA SINGH(HC02376) on Tue May 05 2026 Downloaded on : Tue May 05 22:14:48 IST 2026 NEUTRAL CITATION R/CR.A/2134/2009 CAV JUDGMENT DATED: 04/05/2026 undefined illegality or that the decision is perverse or that the Court below has ignored the material evidence on record. In above view of the matter, this Court is of the considered opinion that the Court below was completely justified in passing impugned judgment and order.
12. Considering the impugned judgment, the trial Court has recorded that there was no direct evidence connecting the accused with the incident and there are contradictions in the depositions of the prosecution witnesses. In absence of the direct evidence, it cannot be proved that the accused are involved in the offence. Further, the motive of the accused behind the incident is not established. The trial Court has rightly considered all the evidence on record and passed the impugned judgment. The trial Court has rightly evaluated the facts and the evidence on record.
13. It is also a settled legal position that in acquittal appeal, the appellate court is not required to re-write the judgment or to give fresh reasoning, when the reasons assigned by the Court below are found to be just and proper. Such principle is down by the Apex Court in the case of State of Karnataka Vs. Hemareddy, reported in AIR 1981 SC 1417 wherein it is held as under:
"... This court has observed in Girija Page 18 of 24 Uploaded by ADITYA SINGH(HC02376) on Tue May 05 2026 Downloaded on : Tue May 05 22:14:48 IST 2026 NEUTRAL CITATION R/CR.A/2134/2009 CAV JUDGMENT DATED: 04/05/2026 undefined Nandini Devi V. Bigendra Nandini Chaudhary (1967)1 SCR 93: (AIR 1967 SC 1124) that it is not the duty of the appellate court when it agrees with the view of the trial court on the evidence to repeat the narration of the evidence or to reiterate the reasons given by the trial court expression of general agreement with the reasons given by the Court the decision of which is under appeal, will ordinarily suffice."
14. Thus, in case the appellate court agrees with the reasons and the opinion given by the lower court, then the discussion of evidence at length is not necessary.
15. In the case of Ram Kumar v. State of Haryana, reported in AIR 1995 SC 280, Supreme Court has held as under:
"The powers of the High Court in an appeal from order of acquittal to reassess the evidence and reach its own conclusions under Sections 378 and 379, Cr.P.C. are as extensive as in any appeal against the order of conviction. But as a rule of prudence, it is desirable that the High Page 19 of 24 Uploaded by ADITYA SINGH(HC02376) on Tue May 05 2026 Downloaded on : Tue May 05 22:14:48 IST 2026 NEUTRAL CITATION R/CR.A/2134/2009 CAV JUDGMENT DATED: 04/05/2026 undefined Court should give proper weight and consideration to the view of the Trial Court with regard to the credibility of the witness, the presumption of innocence in favour of the accused, the right of the accused to the benefit of any doubt and the slowness of appellate Court in justifying a finding of fact arrived at by a Judge who had the advantage of seeing the witness. It is settled law that if the main grounds on which the lower Court has based its order acquitting the accused are reasonable and plausible, and the same cannot entirely and effectively be dislodged or demolished, the High Court should not disturb the order of acquittal."
16. As observed by the Hon'ble Supreme Court in the case of Rajesh Singh & Others vs. State of Uttar Pradesh reported in (2011) 11 SCC 444 and in the case of Bhaiyamiyan Alias Jardar Khan and Another vs. State of Madhya Pradesh reported in (2011) 6 SCC 394, while dealing with the judgment of acquittal, unless reasoning by the trial Court is found to be perverse, the acquittal cannot be upset. It is further observed that High Court's interference in such appeal in somewhat circumscribed and if the view taken by Page 20 of 24 Uploaded by ADITYA SINGH(HC02376) on Tue May 05 2026 Downloaded on : Tue May 05 22:14:48 IST 2026 NEUTRAL CITATION R/CR.A/2134/2009 CAV JUDGMENT DATED: 04/05/2026 undefined the trial Court is possible on the evidence, the High Court should stay its hands and not interfere in the matter in the belief that if it had been the trial Court, it might have taken a different view.
17. In the case of Chandrappa v. State of Karnataka, reported in (2007) 4 SCC 415, the Hon'ble Apex Court has observed as under:
"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 Page 21 of 24 Uploaded by ADITYA SINGH(HC02376) on Tue May 05 2026 Downloaded on : Tue May 05 22:14:48 IST 2026 NEUTRAL CITATION R/CR.A/2134/2009 CAV JUDGMENT DATED: 04/05/2026 undefined 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 Page 22 of 24 Uploaded by ADITYA SINGH(HC02376) on Tue May 05 2026 Downloaded on : Tue May 05 22:14:48 IST 2026 NEUTRAL CITATION R/CR.A/2134/2009 CAV JUDGMENT DATED: 04/05/2026 undefined disturb the finding of acquittal recorded by the trial court."
18. The Hon'ble Apex Court, in a recent decision, in the case of Constable 907 Surendra Singh and Another V/s State of Uttarakhand reported in (2025) 5 SCC 433, has held in paragraph 24 as under:
"24. 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."
19. Considering the aforesaid facts and circumstances of the case and law laid down by the Hon'ble Supreme Court while considering the scope of appeal under Section 378 of the Code of Criminal Procedure, 1973 no case is made out to interfere with the impugned judgment and order of acquittal. Page 23 of 24 Uploaded by ADITYA SINGH(HC02376) on Tue May 05 2026 Downloaded on : Tue May 05 22:14:48 IST 2026
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20. In view of above facts and circumstances of the case, on my careful re-appreciation of the entire evidence, I found that there is no infirmity or irregularity in the findings of fact recorded by learned trial Court and under the circumstances, the learned trial Court has rightly acquitted the respondent/s - accused for the elaborate reasons stated in the impugned judgment and I also endorse the view/finding of the learned trial Court leading to the acquittal.
21. In view of the above and for the reasons stated above, the present Criminal Appeal fails and the same deserves to be dismissed and is dismissed, accordingly. Record & Proceedings be remitted to the concerned trial Court forthwith.
(SANJEEV J.THAKER,J) ADITYA SINGH Page 24 of 24 Uploaded by ADITYA SINGH(HC02376) on Tue May 05 2026 Downloaded on : Tue May 05 22:14:48 IST 2026