https://www.taxtmi.com/caselaws?id=124893 In an appeal against acquittal, the appellate court may reappreciate the evidence under Section 378 CrPC, but it must give due weight to the strengthened presumption of innocence after acquittal. Interference is justified only where the acquittal is manifestly unsustainable, perverse, or results in miscarriage of justice; a reasonable and plausible view by the trial court should not be disturbed. On the facts, the prosecution was not supported by material witnesses, the independent witness did not corroborate the case, and the recovery evidence did not establish the prosecution version with certainty, so no interference with the acquittal was warranted. en-us Thu, 16 Apr 2009 00:00:00 +0530 Tue, 16 Oct 2012 18:09:24 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=124893 In an appeal against acquittal, the appellate court may reappreciate the evidence under Section 378 CrPC, but it must give due weight to the strengthened presumption of innocence after acquittal. Interference is justified only where the acquittal is manifestly unsustainable, perverse, or results in miscarriage of justice; a reasonable and plausible view by the trial court should not be disturbed. On the facts, the prosecution was not supported by material witnesses, the independent witness did not corroborate the case, and the recovery evidence did not establish the prosecution version with certainty, so no interference with the acquittal was warranted. Case-Laws Indian Laws Thu, 16 Apr 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=124893