Uttaranchal High Court: The Division Bench of S.K. Mishra and A.K. Verma, JJ., dismissed the appeal for acquittal considering it to be devoid of substantial and compelling reasons.
An application for grant of leave to appeal against the order of acquittal was rendered by the Court of Sessions Judge, Pithoragarh, Camp Didihat in Session Trial 11 of 2015 dated 21-08-2021.
The view of Ghurey Lal v. State of U.P., (2008) 10 SCC 450 was also considered. There have to be very substantial and compelling reasons for setting aside a judgment of acquittal, as the presumption of innocence becomes stronger by acquittal of the respondent, i.e. the accused, by the Trial Court. It was also decided that, while appreciating evidence, merely because the Appellate Court has a different opinion, the
Appeal cannot be allowed.
Court also took note of the judgment in State of Orissa v. Urmila Nayak, CRLLP 103 of 2015, in which S.K. Mishra, A.C.J. had opined that Court must be satisfied about the existence of, prima facie, compelling and substantial reasons.
The Court held that in the present case, there were no, prima facie, ‘substantial and compelling reasons’, to come to the conclusion that the matter should be heard, the impugned judgment should be re-examined or examined by the Appellate Court in an Appeal against acquittal.[State of Uttarakhand v. Ganesh Ram, 2022 SCC OnLine Utt 160, decided on 08-03-2022]
Counsel for the appellant: Mr. J.S. Virk, Deputy Advocate General assisted by Mr Rakesh Joshi, Brief Holder for the State of Uttarakhand.
Counsel for the respondent: None
