Just a moment...
Convert scanned orders, printed notices, PDFs and images into clean, searchable, editable text within seconds. Starting at 2 Credits/page
Try Now →Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: (i) Whether the sanction for prosecution was proved in accordance with law and could be acted upon; (ii) Whether the evidence on record justified reversal of the acquittal recorded by the High Court in a corruption prosecution.
Issue (i): Whether the sanction for prosecution was proved in accordance with law and could be acted upon.
Analysis: The original sanction order was produced and was issued in the name of the Governor by the competent authority. The document was treated as a public document, and the witness examined proved the signature of the authenticating officer. The Court held that proof of a public document is not confined to the mode suggested by the High Court under the law relating to opinion evidence, and that the document had been exhibited without objection at the trial stage.
Conclusion: The sanction for prosecution was validly proved and was admissible.
Issue (ii): Whether the evidence on record justified reversal of the acquittal recorded by the High Court in a corruption prosecution.
Analysis: The Court found material inconsistencies and improbabilities in the prosecution version regarding the sequence of events, the conduct of the complainant and other witnesses, the role of the accused as only a recommending authority, and the circumstances of the trap and recovery. On the entire evidence, the prosecution case was held not to be free from doubt, and the High Court's view was considered a possible view on the record. In an appeal against acquittal, interference was unwarranted where two views were reasonably possible.
Conclusion: The acquittal was not liable to be interfered with.
Final Conclusion: The prosecution failed to establish that the High Court's acquittal was perverse or unsustainable, and the conviction could not be restored.
Ratio Decidendi: In an appeal against acquittal, interference is not justified when the evidence permits more than one reasonable view and the acquittal represents a plausible view on the record; a public sanction order may be proved by production of the original order and proof of authentication of the signature on it.