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2007 (2) TMI 585 - SC - Indian LawsWhether presumption stood rebutted or not? Held that:- The High Court, saying is only on the premise that said Ramchandran Pillai and Thankamony had not been examined and the appellant did not exhibit the Deeds of Sale executed in their favour by the wife of the respondent opined that the said finding was perverse. The reasonings of the learned Trial Judge had not been met by the High Court.Nothing has been stated as to why the findings of the learned Trial Judge were not probable. Having considered the entire fact situation obtaining in the present case, we are of the opinion that the defence case cannot said to be wholly improbable one. If it was probable, the findings of the learned Trial Judge could not have been thrown out without meeting the reasonings therefor. The High Court, therefore, in our opinion was not correct in interfering with the said Judgment.It is now well settled when two views are possible, the High Court while exercising its appellate power against a judgment of acquittal, shall not ordinarily interfere therewith. The impugned judgment cannot be sustained, which is set aside accordingly. Appeal allowed.
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