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    <title>2009 (4) TMI 834 - Supreme Court</title>
    <link>https://www.taxtmi.com/caselaws?id=157157</link>
    <description>In an appeal against acquittal, interference is justified only when the trial court&#039;s view is demonstrably unsustainable or substantial and compelling reasons exist; a mere alternative view is insufficient. Applying that standard, the High Court erred in overturning a plausible acquittal. The prosecution evidence was also found unsafe because a material witness was not examined, the source of light was uncertain, there was delay and irregularity in lodging the report, corroboration was lacking, and eyewitness testimony contained inconsistencies. These defects created serious doubt about identification and presence, so the charges were not proved beyond reasonable doubt. The trial court&#039;s acquittal was restored and the High Court&#039;s conviction set aside.</description>
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    <pubDate>Mon, 13 Apr 2009 00:00:00 +0530</pubDate>
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      <title>2009 (4) TMI 834 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=157157</link>
      <description>In an appeal against acquittal, interference is justified only when the trial court&#039;s view is demonstrably unsustainable or substantial and compelling reasons exist; a mere alternative view is insufficient. Applying that standard, the High Court erred in overturning a plausible acquittal. The prosecution evidence was also found unsafe because a material witness was not examined, the source of light was uncertain, there was delay and irregularity in lodging the report, corroboration was lacking, and eyewitness testimony contained inconsistencies. These defects created serious doubt about identification and presence, so the charges were not proved beyond reasonable doubt. The trial court&#039;s acquittal was restored and the High Court&#039;s conviction set aside.</description>
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      <pubDate>Mon, 13 Apr 2009 00:00:00 +0530</pubDate>
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