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of <h1>Appellate court upholds accused's acquittal under Gold Act due to prosecution's unreliable evidence</h1> The appellate court dismissed the appeal filed by the Union of India against the respondent-accused's acquittal under the Gold (Control) Act. The court ... Acquittal justified, if evidence produced by prosecution was conflicting and suspicious Issues: Appeal against acquittal under Gold (Control) Act Section 8(1) read with Section 85.Analysis:1. The appeal was filed by the Union of India through the Central Excise Department against the acquittal of the respondent-accused under the Gold (Control) Act. The respondent was accused of possessing primary gold and other items without a license, which were seized during a search of the shop he was associated with.2. The prosecution's case relied on the testimonies of Central Excise Officers and Panch witnesses. However, during the trial, discrepancies and contradictions emerged in the evidence provided by the witnesses, leading to the respondent's acquittal.3. The appellate court noted that interference in an order of acquittal is only justified if the trial court's decision is based on a perverse appreciation of evidence or overlooks material facts. The court found that the trial court's reasoning for acquittal was well-founded and not unreasonable.4. The court highlighted the conflicting statements of the Central Excise Officers regarding the incident, raising doubts about the reliability of their testimonies. The lack of corroboration from the Panch witnesses further weakened the prosecution's case.5. The court also questioned the timing of the preparation of the seizure memo, which did not align with the sequence of events described by the witnesses. These discrepancies and contradictions in the evidence led to the conclusion that the respondent-accused should benefit from the doubt.6. Ultimately, the court dismissed the appeal, upholding the trial court's order of acquittal. The respondent-accused was discharged from the bail bonds, and the decision was based on the conflicting and unreliable nature of the prosecution's evidence.
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