Anoop Pathak vs Smt. Archna Mahte
2023 Latest Caselaw 10307 MP

                                                           1
                          IN     THE      HIGH COURT OF MADHYA PRADESH
                                                AT GWALIOR
                                                   BEFORE
                                HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                                 ON THE 6 th OF JULY, 2023
                                         CRIMINAL REVISION No. 4474 of 2022

                         BETWEEN:-
                         ANOOP PATHAK S/O LATE SHRI SHIVCHARAN PATHAK,
                         AGED ABOUT 55 YEARS, RESIDENT OF PITAMBRA
                         PEETH KE PASS, DISTRICT DATIA (MADHYA PRADESH)

                                                                                        .....PETITIONER
                         (SHRI SUSHIL GOSWAMI, LEARNED COUNSEL FOR THE PETITIONER)

                         AND
                         SMT. ARCHNA MAHTE S/O SHRI SUNEEL MAHTE, AGED
                         ABOUT 43 YEARS, RESIDENT OF CIVIL LINE, DISTRICT
                         DATIA (MADHYA PRADESH)

                                                                                       .....RESPONDENT
                         (SHRI PREM SINGH BHADOURIA, LEARNED COUNSEL FOR THE
                         RESPONDENT)

                               This revision coming on for admission this day, th e court passed the
                         following:
                                                            ORDER

The petitioner has preferred this criminal revision under Section 397 read with Section 401 of CrPC challenging the judgment dated 06th September, 2022 passed by First Additional Sessions Judge, Datia in Criminal Appeal No.53 of 2022 confirming the judgment dated 24-03-2022 passed by Court of JMFC, Datiain RCT No.986 of 2008 whereby the respondent has been acquitted of charge under Section 420 of IPc.

It is contended on behalf of the petitioner that the learned trial Court as well as lower appellate Court has committed an error in acquitting of respondent Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 7/6/2023 3:33:51 PM

from the charge levelled against her.

Perused the impugned judgments.

It is settled principle of law that in an appeal or revision challenging the judgment of acquittal, the appellate Court would be slow in interfering with the judgment of the Courts below. It is the fundamental principle of criminal jurisprudence that the accused is presumed to be innocent till guilt is proved. The presumption of innocence gets strengthened after the judgment of acquittal. It is the well-settled position of law that merely because another view is possible, is not a ground to reverse the judgment of acquittal. If two views are possible, the view that is beneficial to the accused should be adopted. Further,

it it settled principle of law that High Court should interfere with the judgment of acquittal passed by trial Court if it arrives at a finding that the trial Court's decision is perverse or otherwise unsustainable.

On perusal of impugned judgment, this Court does not find any illegality or perversity in passing the judgment of acquittal by the trial Court. As a consequence thereof, the lower Appellate Court has also not committed any mistake in dismissing the appeal filed by the petitioner. This revision accordingly fails and is hereby dismissed.

(DEEPAK KUMAR AGARWAL) JUDGE MKB

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 7/6/2023 3:33:51 PM