Criminal Procedure Code, 1973
Section 378—Appeal against acquittal—Interference—Scope of interference in an appeal against acquittal is very well crystalised—Unless such a finding is found to be perverse or illegal/impossible, it is not permissible for the appellate Court to interfere with the same—If two reasonable conclusions are possible on the basis of evidence on record, the Appellate Court should not disturb the finding of acquittal recorded by the trial court.
[Paras 19 & 20]
Indian Penal Code, 1860
Section 302—Murder—Extra-judicial confession—Acquittal by trial court reversed by High Court—Appeal—Circumstances from which conclusion of guilt is to be drawn should be fully established—However strong a suspicion may be, it cannot take place of a proof beyond reasonable doubt—Extra-judicial confession is a weak piece of evidence—Where an extra-judicial confession is surrounded by suspicious circumstances, its credibility becomes doubtful and it loses its importance—It is a rule of caution where the court would generally look for an independent reliable corroboration before placing any reliance upon such extra-judicial confession—Evidence of witnesses, before whom the alleged confessional statement was made, were contradictory to each other—Trial court found the testimonies of prosecution witnesses not to be reliable so as to base conviction solely on the basis of such testimonies—High Court has grossly erred in interfering with the well-reasoned judgment and order of acquittal passed by the trial court—Impugned judgment and order passed by High Court is set aside and that of trial court acquitting the appellant from the charges levelled against him is affirmed—Appeal allowed.
[Paras 13 to 22]