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TMI Blog2002 (2) TMI 1356X X X X Extracts X X X X X X X X Extracts X X X X ..... 2. The First Information Report was lodged by the brother of the deceased on the same day at 11.30 p.m. in the night. The respondent was charged for the commission of the offence punishable under Sections 302 and 498A of the Indian Penal Code. After recording the evidence, the trial court acquitted the accused. Leave to file acquittal appeal was denied by the High Court vide the order impugned in this appeal by special leave. Relying upon the statement of PW-2, learned counsel appearing for the appellant-State has urged that the trial court was not justified in acquitting the respondent because PW-2 had categorically stated that poison was administered to his mother - Sneh Lata by his father-respondent. It is further submitted that as th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... termed to be perverse or uncalled for. The mere possibility of our taking different view cannot be a ground for interfering with the order of acquittal of the trial court. This court has held in Kalyan Ors. vs. State of U.P. 2001 (6) SCALE 556:- 8. The settled position of law on the powers to be exercised by the High Court in an appeal against an order of acquittal is that though the High Court has full powers to review the evidence upon which an order of acquittal is passed, it is equally well settled that the presumption of innocence of the accused persons, as envisaged under the criminal jurisprudence prevalent in our country is further reinforced by his acquittal by the trial court. Normally the views of the trial court, as to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rongful conviction are fortunate like Dreyfus to have an Emile Zola to champion their cause and succeed in getting the verdict of guilt annulled. All this highlights the importance of ensuring, as far as possible, that there should be no wrongful conviction of an innocent person. Some risk of the conviction of the innocent, of course, is always there in any system of the administration of criminal justice. Such a risk can be minimised but not ruled out altogether. It may in this connection be apposite to refer to the following observations of Sir Carleton Allen quoted on page 157 of The Proof of Guilt by Glanville Williams, Second Edition: I dare say some sentimentalists would assent to the proposition that it is better that a thousan ..... X X X X Extracts X X X X X X X X Extracts X X X X
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