Sec. 378 and 386(a)—Appeal against acquittal.

Sec. 378 and 386(a)—Appeal against acquittal. 

It is fairly well-settled that in an appeal against the order of acquittal, the appellate court would be slow to disturb the findings of the trial court which had the opportunity of seeing and hearing the witnesses. In an appeal against the order of acquittal, there is no embargo for reappreciating the evidence  and to take a different view; but there must be strong circumstances to reverse the order of acquittal. In the appeal against the order of acquittal, the paramount consideration of the appellate court should be to avoid miscarriage of justice. 

Case Law:

Motiram Padu Joshi V. State of Maharashtra, 

Citation:

(2018) 9 SCC 429