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2010 DIGILAW 272 (UTT)

State of Uttarakhand v. Pyarelal

2010-05-04

B.C.KANDPAL, NIRMAL YADAV

body2010
B.C. Kandpal and Mrs. Nirmal Yadav, JJ.- Heard learned AGA for the appellant / applicant on the delay condo­nation application and perused the affida­vit filed in support thereto. 2. We find sufficient grounds to con­done the delay in moving the Special Leave to Appeal. Delay condonation application No. 1026 of 2008 is accordingly allowed. Delay in moving the Special Leave to Ap­peal is hereby condoned. Heard learned AGA on special leave to appeal and perused the record. 3. Having considered the argument advanced by learned AGA and after perus­ing the entire material available on record, we are of the view that the Trial Court has correctly assessed the entire evidence pro­duced by the prosecution and thereafter, has rightly come to the conclusion that the prosecution has failed to establish the guilt of the accused / respondent. It is well set­tled principle of law that if two views are possible, the one which favours the ac­cused has to be adopted by the Court. The Appellate Court should not substitute its own view in the appeal against the acquit­tal merely because the Appellate Court is inclined to take a different view. 4. We do not find any infirmity in the impugned judgment passed by the Court below, Accordingly, special leave to appeal is dismissed. Consequently, Government appeal against the judgment and order dated 20.8.2008 passed by the learned Trial Court thereby acquitting the accused/re­spondent also stands dismissed. Appeal Dismissed.