Uttarakhand High Court
SPLA/31/2022 on 8 March, 2022
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
SRI JUSTICE S.K. MISHRA, A.C.J.
AND
SRI JUSTICE A.K. VERMA, J.
08TH MARCH, 2022
SPECIAL LEAVE TO APPEAL No. 31 OF 2022
WITH
GOVERNMENT APPEAL No. 10 OF 2022
Between:
State of Uttarakhand.
...Appellant
and
Ganesh Ram.
...Respondent
Counsel for the appellant. : Mr. J.S. Virk, the learned Deputy
Advocate General assisted by Mr.
Rakesh Joshi, the learned Brief Holder
for the State of Uttarakhand.
Counsel for the respondent. : None.
Upon hearing the learned Counsel, the Court made
the following
JUDGMENT : (per Sri S.K. Mishra, A.C.J.)
Special Leave to Appeal No. 31 of 2022 :-
This is an application for grant of leave to
appeal against the order of acquittal rendered by the
Court of learned Sessions Judge, Pithoragarh, Camp
Didihat in Session Trial No. 11 of 2015 dated
21.08.2021.
2. Heard Mr. J.S. Virk, the learned Deputy
Advocate General, perused the impugned judgment, and
considered the grounds taken by the State of
Uttarakhand in the Appeal memo.
3. The case of the prosecution was based entirely
on circumstantial evidence, and the learned Deputy
Advocate General for the State admits, while arguing,
that the last seen theory and the homicidal nature of
death of the deceased are the only circumstances
available.
4. As per the ratio decided by the Hon'ble
Supreme Court in Ghurey Lal v. State of U.P.; (2008)
10 SCC 450, there has to be very substantial and
compelling reasons for setting aside a judgment of
acquittal, as the presumption of innocence becomes
stronger by acquittal of the respondent, i.e. the accused,
by the learned Trial Court. In the said case, it has also
been decided that, while appreciating evidence, merely
because the Appellate Court has a different opinion, the
Appeal cannot be allowed.
5. In this case we also take note of the judgment
rendered by the Hon'ble High Court of Orissa in CRLLP
No. 103 of 2015, State of Orissa v. Urmila Nayak, in
which one of us (S.K. Mishra, A.C.J.) has rendered the
judgment, wherein it has been held that, while granting
Special Leave to Appeal, the Court must be satisfied
about the existence of, prima facie, compelling and
substantial reasons.
6. Keeping in view the aforesaid considerations,
we are of the considered opinion that there are no,
prima facie, 'substantial and compelling reasons', to
come to the conclusion that the matter should be heard,
the impugned judgment should be re-examined or
examined by the Appellate Court in an Appeal against
acquittal.
7. In that view of the matter, we are of the
opinion that there is no merit in the application for
Special Leave to Appeal against acquittal. Hence, the
leave is not granted and the Special Leave to Appeal No.
31 of 2022 is dismissed.
Government Appeal No. 10 OF 2022
8. Since Special Leave to Appeal has not been
granted, the Government Appeal No. 10 of 2022 is not
maintainable against the judgment and order of acquittal
dated 21.08.2021.
________________
S.K. MISHRA, A.C.J.
___________
A.K. VERMA, J.
Dt: 08th March, 2022
Rahul
