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High Court's Discretion in Acquittal Appeals and the Imperative of Justice

The settled position of Law regarding the Power s to be exercised by the High Court in an appeal against the order if acquittal was that though the High court has full powers to review the evidence upon which an order if acquittal was based, it will not interfere with an order of acquittal because with the passing of an order of acquittal the presumption of innocence in favour of the accused was reinforced.

The paramount consideration of the Court should be to avoid miscarriage of justice. A miscarriage of justice which may arise from the acquittal of guilty is no less than from the conviction of an innocent. In a case where the trial court has taken a view based upon conjectures and hypothesis and not in the legal evidence.

A duty is cast upon the High Court to respire is te the evidence in acquittal appeal for the purpose of ascertain ing as to whether the accused has committed error any offence or not. Probable view taken by the trial court which may not be disturbed in the appeal was such a view' which was based upon legal and admissible evidence.

Only because the accused has been acquitted by the trial court ,can not be made basis to urge that the High Court under all circumstances should not disturb such a finding. In view of the above, the High court was justified in not interfering in this case by setting aside the judgement of the High Court.

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