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.
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.
(2022) 8 Supreme Court Cases 536
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."
(2008) 10 Supreme Court Cases 450
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
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL APPEAL No.1001 OF 2023
29.11.2023
gvl
