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2017 DIGILAW 1138 (SC)

Mahinder Singh v. State of Himachal Pradesh

2017-07-31

NAVIN SINHA, RANJAN GOGOI

body2017
ORDER : RANJAN GOGOI, J. Leave granted. 2. We have heard the learned counsels for the parties. 3. We have perused the order of the three courts below including the order of the learned Sessions Judge acquitting the accused appellant of the offence under Section 353 I.P.C. The High Court in appeal was considering an order of acquittal and was expected to consider the matter before it from the limited perspective as to whether the view taken by the first Appellate Court in acquitting the accused appellant was a possible view. 4. Having considered the matter we are of the view that the order of acquittal passed by the learned first appellate court which has been interfered with by the High Court reflects a possible view and, therefore, ought not to have been interfered with. 5. Consequently and for the reasons stated above we allow this appeal; set aside the order of conviction passed by the High Court and acquit the appellant of the aforesaid offence under Section 353 I.P.C. 6. The appeal is allowed in the above terms.