Excelsior Correspondent
Srinagar, Mar 20: High Court has dismissed the appeal of prosecution challenging the verdict of trial court which acquitted the accused from the charges of murder of his brother and observed that the prosecution has failed to establish the case against the accused before the trial court.
The Division Bench comprising Justice Tashi Rabstan and Justice Vinod Chatterji Koul while dismissing the appeal of police said, the High Court can reviewed the entire evidence and reached its own conclusions, it will not interfere with the acquittal by the trial court unless there are strong reasons based on evidence which can dislodge the findings arrived at by the trial court, which were the basis for the acquittal.
The DB further added that the High Court has to give due importance to the conclusions of the trial court, if they had been arrived at after proper appreciation of the evidence. “It also emerges that the High Court will interfere in appeals against acquittals, only where the Trial court makes wrong assumptions of material facts or fails to appreciate the evidence properly”, reads the DB judgment.
“We do not find them (prosecution) to have, in any manner, established the prosecution case. Hence, it cannot be said that prosecution has been able to prove its case, by leading clear, cogent, convincing and reliable piece of evidence so as to prove that the accused was involved in commission of offences charged against him. Our opinion is based on complete appreciation of testimonies of prosecution witnesses”, DB recorded after perusal of the testimony of witnesses produced by the prosecution before the trial court against the accused.
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