Appellate interference with acquittal is limited where evidence is unreliable and the trial court's view is a possible one.

Acquittal in a prosecution under the Indian Penal Code, the Customs Act, 1962 and the Imports and Exports (Control) Act, 1947 will not be disturbed in appeal where the prosecution evidence is unreliable, accomplice testimony lacks independent corroboration on material particulars, and the remaining material is inconsistent. An appellate court interferes with an acquittal only if the trial court's view is based on no evidence or is perverse. The trial court having taken a possible view on the record, the acquittal was upheld.

---

---

Issues: Whether the acquittal recorded by the trial court in a prosecution for offences under the Indian Penal Code, the Customs Act, 1962 and the Imports and Exports (Control) Act, 1947 called for interference in appeal.

Analysis: The evidence relied upon against the respondents was found unreliable. Certain witnesses were treated as accomplices, and their testimony lacked independent corroboration on material particulars. The evidence was also considered vulnerable because it was based on overheard conversations and was not consistent with the remaining material on record. The trial court had taken a possible view of the evidence. In an appeal against acquittal, interference is not justified unless the acquittal is shown to be based on no evidence or is perverse.

Conclusion: The acquittal was not liable to be disturbed and the appeal failed.

---