State of Rajasthan vs Smt. Tamu and Others

V.G. Palshikar, J.—This is an appeal filed by the State of Rajasthan against the order of acquittal recorded by the learned trial Judge.

With the assistance of the learned Public Prosecutor and the learned Counsel for the accused. I have scrutinised the records of the case and have carefully reappreciated the oral and documentary evidence on record.

On re-scrutiny of the record, the impugned judgment in the light of reappreciated evidence discloses that the learned Judge was right in acquitting the accused. The learned Judge has properly appreciated the evidence on record and he has given adequate reasons of coming to the conclusion that the accused are required to be acquitted.

The principles regarding interference by the appellate court in the matter of acquittal are well settled for last several years and require no reinstatement. I on my part have also taken similar view in consistence of direction of the Supreme Court that where ever the order of acquittal is supported by evidence on record and the conclusion of the acquittal are not perverse on appreciation of the evidence as it stands no interference is called for.

In view of the principles stated by me at length in the reported judgments of RLW 1998(2) 1301, 1998 WLC 598 and 1998(1) RCD 432, I see no reason to interfere with this appeal and the same, therefore, fails and it dismissed.