Acquittal Appeals | Appellate Court Shouldn't Give Fresh Reasonings If Reasoning Of Court Below Is Just: Allahabad High Court

The Allahabad High Court has observed that in acquittal appeals, the appellate Court is not required to rewrite the judgment or to give fresh reasonings when the reasons assigned by the Court below are found to be just and proper.The bench of Justice Dr. Kaushal Jayendra Thaker and Justice Ajai Tyagi further observed that while exercising appellate powers, even if two reasonable. The bench of Justice Dr. Kaushal Jayendra Thaker and Justice Ajai Tyagi further observed that while exercising appellate powers, even if two reasonable views/conclusions are possible on the basis of the evidence on record, the appellate Court should not disturb the finding of acquittal recorded by the trial Court. It is also very hard to believe that despite there being firing by accused persons on willingness but no one has sustained any injury and on analysing the evidence from the angle that three acquitted accused persons caught hold of the deceased simultaneously then also there was every possibility of sustaining injury by them also, which has not come in ocular version of prosecution," the Court added as it found justification in Trial Court's Judgment. Against this backdrop, the Court opined that the view taken by the trial court regarding the acquittal of the accused persons was correct and therefore, referring to catena of judgments, the High Court upheld trial court's acquittal order and held thus: ".if the view taken by the trial court while acquitting the accused was a possible, reasonable view of on basis of sifting the evidence, the High Court ought not to interfere with such acquittal merely because it was possible to take contrary view."