Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 2007 (10) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2007 (10) TMI 551 - SC - Indian LawsWhether presumption stood rebutted or not? Held that:- It is now trite that if two views are possible, the appellant court shall not reverse a judgment of acquittal only because another view is possible to be taken. The appellate court’s jurisdiction to interfere is limited. The High Court furthermore has not met the reasons of the learned Trial Judge. It proceeded on the premise that the appellant had not been able to discharge his burden of proof in terms of Section 139 of the Act without posing unto itself a further question as to how the said burden of proof can be discharged. It furthermore did not take into consideration the legal principle that the standard of proof upon a prosecution and upon an accused is different. For the reasons aforementioned, the impugned judgment cannot be sustained which is set aside accordingly. Appeal allowed.
|