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TMI Blog2014 (2) TMI 1386X X X X Extracts X X X X X X X X Extracts X X X X ..... ked on the prosecution side. Two documents were marked on the side of the accused. The learned Magistrate, after elaborately discussing the evidence, came to the following conclusion at paragraph-22 of the judgment dated 25.05.2005: 22. Perused the evidence of PW-1 to 11 and the case file after perusal of the same, it creates doubt whether this accused was the driver at the relevant point of time or not, so also to say that the accident was happened due to the rash and negligent act of this accused, as there is no any cogent, impeachable and clinching evidence with respect to the ingredients of alleged offences. Further in view of these types of discrepancies of the prosecution witnesses case is not beyond doubt. Had the prosecution able to explain clearly the above said doubtful circumstances, then certainly this Court could have believed the evidence of the material witnesses but now the doubtful evidence and circumstances are not cleared. Hence I am not accepting the stand taken by the learned APP. Therefore in view of the so many discrepancies in the versions deposed before the court and one given before the police, it creates doubt whether this accused was involved in the co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... so on account of mob fury or any other reason beyond his control, take all reasonable steps to secure medical attention for the injured person by conveying him to the nearest medical practitioner or hospital, and it shall be the duty of every registered medical practitioner or the doctor on duty in the hospital immediately to attend to the injured person and render medical aid or treatment without waiting for any procedural formalities, unless the injured person or his guardian, in case he is a minor, desires otherwise; (b) give on demand by a police officer any information required by him, or, if no police officer is present, report the circumstances of the occurrence, including the circumstances, if any, for not taking reasonable steps to secure the medical attention as required under Clause (a), at the nearest police station as soon as possible and in any case within twenty-four hours of the occurrence. (c) give the following information in writing to the insurer, who has issued the certificates of insurance, about the occurrence of the accident, namely: (i) insurance policy number and period of its validity; (ii) date, time and place of accident; (iii) particulars of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... been found perverse by the High Court was in fact so. (Emphasis supplied) 9. It is also not the case of the prosecution that the judgment of the trial court is based on no material or that it suffered from any legal infirmity in the sense that there was non-consideration or misappreciation of the evidence on record. Only in such circumstances, reversal of the acquittal by the High Court would be justified. In K. Prakashan v. P.K. Surenderan (2008) 1 SCC 258, it has also been affirmed by this Court that the appellate court should not reverse the acquittal merely because another view is possible on the evidence. In T. Subramanian v. State of Tamil Nadu (2006) 1 SCC 401, it has further been held by this Court that if two views are reasonably possible on the very same evidence, it cannot be said that the prosecution has proved the case beyond reasonable doubt. 10. In Bhim Singh v. State of Haryana (2002) 10 SCC 461, it has been clarified that interference by the appellate court against an order of acquittal would be justified only if the view taken by the trial court is one which no reasonable person would in the given circumstances, take. 11. In Kallu alias Masih and Ors. v. Stat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... above principles have been restated. To quote: 15. The following principles have to be kept in mind by the appellate court while dealing with appeals, particularly, against an order of acquittal: (i) There is no limitation on the part of the appellate court to review the evidence upon which the order of acquittal is founded and to come to its own conclusion. (ii) The appellate court can also review the trial court's conclusion with respect to both facts and law. (iii) While dealing with the appeal preferred by the State, it is the duty of the appellate court to marshal the entire evidence on record and by giving cogent and adequate reasons may set aside the judgment of acquittal. (iv) An order of acquittal is to be interfered with only when there are "compelling and substantial reasons" for doing so. If the order is "clearly unreasonable", it is a compelling reason for interference. (v) When the trial court has ignored the evidence or misread the material evidence or has ignored material documents like dying declaration/report of ballistic experts, etc. the appellate court is competent to reverse the decision of the trial court depending on the materials placed... ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... against acquittal. Such phraseologies are more in the nature of "flourishes of language" to emphasise the reluctance of an appellate court to interfere with acquittal than to curtail the power of the court to review the evidence and to come to its own conclusion. (4) An appellate court, however, must bear in mind that in case of acquittal, there is double presumption in favour of the accused. Firstly, the presumption of innocence is available to him under the fundamental principle of criminal jurisprudence that every person shall be presumed to be innocent unless he is proved guilty by a competent court of law. Secondly, the accused having secured his acquittal, the presumption of his innocence is further reinforced, reaffirmed and strengthened by the trial court. (5) If two reasonable conclusions are possible on the basis of the evidence on record, the appellate court should not disturb the finding of acquittal recorded by the trial court. (Emphasis supplied) 16. The High Court in the impugned judgment does not seem to have taken a view that the judgment of the trial court acquitting the accused is based on no material or it is perverse or the view by the trial court is wh ..... X X X X Extracts X X X X X X X X Extracts X X X X
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