Telangana High Court
The State Of Telangana vs Chidurala Yakaiah on 29 November, 2023
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL APPEAL No.1001 OF 2023
JUDGMENT:
1. The State has preferred the present appeal questioning the judgment of acquittal dated 04.01.2023 in Spl.S.C.No.91 of 2020, passed by the Special Sessions Judge for Expeditious Trial and Disposal of Rape Cases and Cases under Protection of Children from Sexual Offences Act at Warangal. The offences charged against the respondent/accused are under Section 376 r/w 511 of Indian Penal Code and Section 5(m) punishable under Section 6 of the Protection of Children from sexual Offences Act.
2. Briefly the case of the prosecution is that the accused had taken the victim girl on the pretext of getting her Kandi Kaya (vegetable) attempted to rape her by removing her undergarment.
3. Learned Special Sessions Judge acquitted the accused mainly on the ground that though the victim was examined in the Court, she did not identify the accused nor narrated about the alleged incident.
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4. In the absence of the direct evidence of the victim nor any circumstantial evidence being available, the question of convicting the accused does not arise. Learned Special Sessions Judge has found that there are major discrepancies in the evidence of witnesses and further there are no witnesses who have seen the alleged act committed by the accused. In the absence of the victim identifying, nor narrating the incident and further there being no other eye witness account or circumstantial evidence, the learned Special Sessions Judge acquitted the accused.
5. In cases of acquittal, the Hon'ble Supreme Court in Ravi Sharma v. State (Government of NCT of Delhi) and another 1, held that while dealing with an appeal against acquittal, the appellate court has to consider whether the trial Court's view can be termed as a possible one, particularly when evidence on record has been analysed. The reason is that an order of acquittal adds up to the presumption of innocence in favour of the accused. Thus, the appellate court has to be relatively slow in reversing the order of the trial court rendering acquittal. 1 (2022) 8 Supreme Court Cases 536 3
6. In Ghurey Lal v. State of Uttar Pradesh 2 the Hon'ble Supreme Court after referring to several Judgments regarding the settled principles of law and the powers of appellate Court in reversing the order of acquittal, held at para 70, as follows:
"70. In the light of the above, the High Court and other appellate Courts should follow the well-settled principles crystallized by number of Judgments if it is going to overrule or otherwise disturb the trial court's acquittal:
1. The appellate court may only overrule or otherwise disturb the trial court's acquittal if it has "very substantial and compelling reasons" for doing so.
A number of instances arise in which the appellate court would have "very substantial and compelling reasons"
to discard the trial court's decision. "Very substantial and compelling reasons" exist when:
i) The trial court's conclusion with regard to the facts is palpably wrong:
ii) The trial court's decision was based on an erroneous view of law;
iii)The trial court's judgment is likely to result in "grave miscarriage of justice";
iv) The entire approach of the trial court in dealing with the evidence was patently illegal;
v) The trial court's judgment was manifestly unjust and unreasonable;
vi) The trial court has ignored the evidence or misread the material evidence or has ignored material documents like dying declarations/report of the ballistic expert, etc.
vii) This list is intended to be illustrative, not exhaustive.
2. The appellate court must always give proper weight and consideration o the findings of the trial court.
3. If two reasonable views can be reached__ one that leads to acquittal, the other to conviction __the High Courts/appellate courts must rule in favour of the accused." 2 (2008) 10 Supreme Court Cases 450 4
7. I do not find any infirmity with the order of the learned Special Sessions Judge. In the absence of any direct or circumstantial evidence to implicate the accused, the question of conviction does not arise.
8. Accordingly, the Criminal Appeal fails and dismissed.
Miscellaneous applications pending, if any, shall stand closed.
_________________ K.SURENDER, J Date: 29.11.2023 gvl 5 THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL APPEAL No.1001 OF 2023 29.11.2023 gvl