Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2021 (6) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2021 (6) TMI 291 - HC - Indian LawsDishonor of Cheque - acquittal of the accused - rebuttal of presumption - preponderance of probability - HELD THAT:- In the case of acquittal, there is double presumption in favour of the accused. Firstly, the presumption of innocence available to him under the fundamental principles of criminal jurisprudence that every person shall be presumed to be innocent unless he is proved guilty by the competent court of law. Secondly, the accused having secured his acquittal, the presumption of his innocence is further reinforced, reaffirmed and strengthened by the order of acquittal recorded by the trial court. However, the Criminal Procedure Code put no limitation, restriction or condition on exercise of the power of the Appellate Court to review, re-appreciate and reconsider the evidence upon which the order of the acquittal is founded. But it is settled that if two reasonable conclusions are possible on the basis of evidence on record, the Appellate Court should not disturb the finding of acquittal recorded by the court below. The obligation on the prosecution may be discharged with the help of presumptions of law and presumptions of fact unless the accused adduces evidence showing the reasonable possibility of the non-existence of the presumed fact. There is no quarrel about the above said legal proposition. But, this is a case where the accused has succeeded to bring on record such facts and circumstances - It is settled that there may not be sufficient negative evidence which could be brought on record by the accused to discharge his burden. The accused need to substantiate his case based on preponderance of probabilities. In the case of acquittal, there is double presumption in favour of the accused. An order of acquittal cannot be interfered with as matter of course. An order of acquittal can only be interfered with when there are compelling and substantial reasons for doing so. Only in exceptional cases where there are compelling circumstances and the judgment in appeal is found to be perverse, the Appellate Court can interfere with the order of acquittal. There are no reason to interfere with the order of acquittal by the court - appeal dismissed.
|