Appellate review of acquittal: conviction set aside where the trial court's reasonable view was supported by doubt and inconsistencies.

In appeals against acquittal, the appellate court may review the entire evidence but must give due weight to the presumption of innocence, reasonable doubt, and the trial court's advantage in assessing witnesses. Interference is justified only where the acquitting court's view is clearly unreasonable or compelling reasons exist to reverse it. On the facts noted, the High Court's acceptance of the prosecution version was unsustainable because of delay in lodging the report, the conduct attributed to the injured witnesses, doubtful and improved witness testimony, and inconsistencies in the prosecution narrative. The trial court's view was therefore held to be a reasonable one, and the conviction and sentence could not stand.

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Issues: Whether the High Court was justified in reversing the trial court's acquittal on the basis of the evidence of the alleged eyewitnesses, and whether the Supreme Court should interfere under article 136 with the High Court's appreciation of evidence in an appeal against acquittal.

Analysis: The governing rule in appeals against acquittal is that the appellate court has full power to review the evidence, but it must give due weight to the presumption of innocence, the benefit of reasonable doubt, and the trial court's advantage in seeing and hearing witnesses. Interference is warranted only when the view taken by the acquitting court is clearly unreasonable or when compelling reasons exist to reverse it. Applying those principles, the High Court's acceptance of the prosecution version was found to be unsustainable because the delay in lodging the report, the conduct attributed to the injured witnesses, the presence of doubtful and improved witnesses, and the inconsistencies in the prosecution narrative made the trial court's view a reasonable one.

Conclusion: The High Court was not justified in setting aside the acquittal, and the conviction and sentence could not stand.

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