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1990 (3) TMI 152 - SUPREME COURTWhether there were grounds for the High Court to interfere with the findings of the trial court acquitting the accused? Held that:- he counsel for the State, however, pointed out that the High Court has observed at one place in the judgment that the counsel for the accused has not raised any contention that the room in the third floor also formed part of the licensed premises. Except making this bare observation, the High Court has not considered the plea taken by the accused and the finding of the trial court in this regard. In the same paragraph, the learned Judge has, however, mentioned that the accused raised a contention in the trial court that the room in the third floor also formed part of the licensed premises and this plea found favour with the trial court. That apart the case of the accused has throughout been that room in the third floor formed part of the licensed premises. Therefore this observation of the appellate court that the counsel did not contend that the third floor formed part of the licensed premises does not appear to be correct. At any rate, there is no such admission by the accused and nor can it be said that there was such a concession by the counsel for the accused. For all the aforesaid reasons, the conviction and sentence awarded by the High Court are set aside. Accordingly the appeal is allowed.
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