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2018 (3) TMI 2007 - SUPREME COURTAcquittal of the accused - prosecution failed to prove the alleged offences against the Accused beyond reasonable doubt - Mens rea - HELD THAT:- In the present case, when the facts as to the incident and the role of the Accused could not be proved beyond reasonable doubt, whether the motive behind the same is dispute regarding boundary wall or political rivalry becomes irrelevant. The prosecution was not able to establish the guilt of the Accused persons beyond reasonable doubt. Further, the High Court should not have re-appreciated evidences in its entirety, especially when there existed no grave infirmity in the findings of the trial court. There exists no justification behind setting aside the order of acquittal passed by the trial court, especially when the prosecution case suffers from several contradictions and infirmities, No specific assertion could be proved regarding the role and involvement of the Accused persons. Further, certain actions of the Victim-Respondents themselves are dubious, for instance admining themselves later in a Multi-speciality hospital without proper cause. It has further come to notice that Respondents have already compromised and have executed a compromise deed to that extent, though the same is not the basis for our conclusion. The conviction order passed by the High Court set aside - the order of acquittal passed by the trial court re-affirmed - appeal allowed.
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