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2017 (6) TMI 1372 - BOMBAY HIGH COURTMurder - Assault - snatching of jewellery and cash/dacoity - identification of respondent Nos. 3 to 5 in test identification parade by only eye witness - presence of other cogent evidences or not - appeal against acquittal - HELD THAT:- It is an admitted fact that the identification parade took place after 17.9.2007. In view of the admissions given by PW 1 Chandraprbaha, the identification of respondent Nos. 3 to 5 by PW 1 Chandraprabha before the Court cannot be relied upon. There is no other cogent and clinching evidence on record to connect any of the respondents to the crime. Looking to the evidence on record, the conclusion arrived at by the learned Sessions Judge is a reasonable and possible view. The plenitude of power available to the Court hearing an appeal against acquittal is the same as that available to a court hearing an appeal against an order of conviction, but, however, there are a plethora or decisions of the Supreme Court which hold that the court hearing an appeal against acquittal, will not interfere solely because a different possible view may arise on the evidence. The Supreme Court in the case of C. Anthony Vs. K.G. Raghavan Nair [2002 (11) TMI 353 - SUPREME COURT] has observed that while hearing an appeal against an order of acquittal, if two reasonable conclusions can be reached on the basis of evidence on record, the appellate court should not disturb the finding of the trial court. The order of acquittal need not be interfered - appeal dismissed.
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