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2021 (1) TMI 1320 - BOMBAY HIGH COURTCriminal breach of trust - criminal breach of trust by carrier - forgery for purpose of cheating - fraudulent cancellation, destruction etc., of will, authority to adopt or valuable security - falsification of accounts - presumption of innocence in favour of respondents or not - acquittal of accused - HELD THAT:- There are nothing palpably wrong, manifestly erroneous or demonstrably unsustainable in the impugned judgment. From the evidence available on record, there is nothing to substantiate the charge levelled against accused. There is an acquittal and therefore, there is double presumption in favour of accused. Firstly, the presumption of innocence available to accused under the fundamental principle of criminal jurisprudence that every person shall be presumed to be innocent unless he is proved guilty by a competent court of law. Secondly, accused having secured acquittal, the presumption of their innocence is further reinforced, reaffirmed and strengthened by the Trial Court. For acquitting accused, the Trial Court observed that the prosecution had failed to prove its case. The opinion of the Trial Court cannot be held to be illegal or improper or contrary to law. The order of acquittal cannot be interfered with - there are no fault with the judgment of the Trial Court - appeal dismissed.
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